TA3-21275

TA3-21275

The claimant failed to establish on the balance required that Pakistan would be unable or unwilling to protect him; credibility concerns about his failure to meaningfully report threats and lack of corroboration coupled with case law and country evidence showing state efforts to combat sectarian violence lead to finding of adequate state protection and rejection of refugee claim.

Citation
TA3-21275
Parties
Claimant: XXXXX XXXXX; Designated Representative: Refugee Protection Officer; Respondent: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 September 2005
Procedural Posture
Refugee Protection Claim (irpa S.96 and S.97(1)) / Final Decision Following Hearing
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
State Protection, Persecution, Sectarian Violence, Credibility, Natural Justice, Order of Questioning
Source Language
English
Refugee Law Immigration Law Administrative Law Human Rights Law Religious Freedom State Protection Persecution Sectarian Violence +3 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Refugee Protection Officer

Designated Representative

Minister's Counsel

Respondent

Procedural Posture

Refugee Protection Claim (irpa S.96 and S.97(1)) / Final Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant faces risk of persecution on account of religion (Shia)
  3. 3 Whether adequate state protection is available in Pakistan

Ratio Decidendi

The claimant failed to establish on the balance required that Pakistan would be unable or unwilling to protect him; credibility concerns about his failure to meaningfully report threats and lack of corroboration coupled with case law and country evidence showing state efforts to combat sectarian violence lead to finding of adequate state protection and rejection of refugee claim.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.

Orders

  • Claim rejected; no protection granted