TA3-12249

TA3-12249

The claimant's testimony and documentary evidence were found not credible or plausible, the Canadian High Commission confirmed no active NAB investigation or outstanding warrants, and the claimant failed to rebut the presumption of available state protection; therefore there is no reasonable chance or serious possibility of persecution, torture, or risk to life on return and the claim is rejected.

Citation
TA3-12249
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: S. Indrasigamany
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 September 2006
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Determination Following Hearing
Outcome
Claim rejected; claimant not a Convention refugee, not a person in danger of torture, and not at risk to life or of cruel and unusual treatment or punishment upon return to Pakistan.
Legal Topics
Political Opinion, Persecution, Credibility Findings, State Protection Assessment, Exclusion (1 F(b) Potential), Fraudulent Documents
Source Language
English
Refugee Protection Immigration State Protection Administrative Law Political Opinion Persecution Credibility Findings State Protection Assessment +2 more

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Parties

XXXXX XXXXX

Claimant

S. Indrasigamany

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Determination Following Hearing

Legal Issues

  1. 1 Credibility of claimant's testimony
  2. 2 Subjective component of well‑founded fear
  3. 3 Objective component and identity of potential persecutor (NAB)

Ratio Decidendi

The claimant's testimony and documentary evidence were found not credible or plausible, the Canadian High Commission confirmed no active NAB investigation or outstanding warrants, and the claimant failed to rebut the presumption of available state protection; therefore there is no reasonable chance or serious possibility of persecution, torture, or risk to life on return and the claim is rejected.

Court Disposition

Claim rejected; claimant not a Convention refugee, not a person in danger of torture, and not at risk to life or of cruel and unusual treatment or punishment upon return to Pakistan.