TA7-12367

TA7-12367

Claim dismissed because the panel found claimant's testimony not credible and no objective evidence that Maoists would specifically target him; delay in departure further undermined subjective fear; therefore no serious possibility of persecution, torture, risk to life, or cruel and unusual treatment on return to Nepal.

Citation
TA7-12367
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 January 2010
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and is not in danger of torture nor at risk to life or of cruel and unusual treatment or punishment in Nepal
Legal Topics
Political Opinion, Persecution, Credibility Assessment, Delay in Leaving Country, Extortion, Risk of Torture, Risk to Life, Cruel and Unusual Treatment
Source Language
English
Refugee Law Immigration Law Human Rights Law Criminal/violence by Non State Actors Political Opinion Persecution Credibility Assessment Delay in Leaving Country +4 more

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Parties

XXXXX XXXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Credibility of claimant's testimony
  2. 2 Subjective component of well-founded fear
  3. 3 Objective component of well-founded fear (who would persecute claimant)

Ratio Decidendi

Claim dismissed because the panel found claimant's testimony not credible and no objective evidence that Maoists would specifically target him; delay in departure further undermined subjective fear; therefore no serious possibility of persecution, torture, risk to life, or cruel and unusual treatment on return to Nepal.

Court Disposition

Claim rejected; claimant is not a Convention refugee and is not in danger of torture nor at risk to life or of cruel and unusual treatment or punishment in Nepal