TA6-13773

TA6-13773

The panel found on the balance of probabilities that the claimant's experiences amounted to harassment not persecution, that overstaying an exit visa may result in prosecution but not excessive punishment amounting to persecution, and that laws on illegal exit are laws of general application not targeting a Convention ground; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TA6-13773
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 October 2007
Procedural Posture
Refugee Protection Claim (sur Place) / Hearing and Decision (final)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Sur Place, Illegal Exit/overstay, Convention Refugee Determination, Person in Need of Protection, State Repression, Credibility and Country Evidence
Source Language
English
Immigration Refugee Protection Administrative Law Human Rights Sur Place Illegal Exit/overstay Convention Refugee Determination Person in Need of Protection +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (sur Place) / Hearing and Decision (final)

Legal Issues

  1. 1 Whether overstaying an exit visa constitutes persecution for Convention purposes
  2. 2 Whether the claimant qualifies as a Convention refugee
  3. 3 Whether the claimant qualifies as a person in need of protection under IRPA

Ratio Decidendi

The panel found on the balance of probabilities that the claimant's experiences amounted to harassment not persecution, that overstaying an exit visa may result in prosecution but not excessive punishment amounting to persecution, and that laws on illegal exit are laws of general application not targeting a Convention ground; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.