TB1-00872

TB1-00872

The claim is denied because the panel found the claimant not credible due to significant unexplained omissions and late amendments to his PIF, the objective country evidence and UNHCR guidance indicate improved conditions for Tamils post‑war and the claimant did not prove on the balance of probabilities that he would be persecuted, tortured or subjected to cruel or unusual treatment on return; consequently he is neither a Convention refugee nor a person in need of protection and s.108(4) does not apply.

Citation
TB1-00872
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Determination (refugee Protection Division Decision)
Outcome
Refugee claim denied; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Definition, Risk Assessment, Change of Country Conditions, Compelling Reasons (s.108(4)), Torture and Cruel Treatment
Source Language
English
Immigration Refugee Law Human Rights Credibility Assessment Convention Refugee Definition Risk Assessment Change of Country Conditions Compelling Reasons (s.108(4)) +1 more

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Parties

XXXXX XXXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Determination (refugee Protection Division Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether claimant demonstrated a risk of torture or cruel and unusual treatment on return

Ratio Decidendi

The claim is denied because the panel found the claimant not credible due to significant unexplained omissions and late amendments to his PIF, the objective country evidence and UNHCR guidance indicate improved conditions for Tamils post‑war and the claimant did not prove on the balance of probabilities that he would be persecuted, tortured or subjected to cruel or unusual treatment on return; consequently he is neither a Convention refugee nor a person in need of protection and s.108(4) does not apply.

Court Disposition

Refugee claim denied; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim dismissed
  • No protection or refugee status granted