TA4-09301

TA4-09301

The claimant was found not credible on the balance of probabilities due to multiple inconsistencies, omissions and implausibilities and undue delay; accordingly the RPD rejected the refugee and protection claims and, alternatively, found a viable internal flight alternative to Colombo; the Tsunami did not alter this conclusion.

Citation
TA4-09301
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 August 2005
Procedural Posture
Refugee Protection Claim / Decision After Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Credibility, Internal Flight Alternative, Persecution, Torture, Delay, Change of Country Conditions, Tsunami, Extortion, LTTE
Source Language
English
Immigration Refugee Law Credibility Internal Flight Alternative Persecution Torture Delay Change of Country Conditions +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Division

Respondent

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a credible witness
  2. 2 Whether claimant has a well‑founded fear of persecution by the LTTE or state actors
  3. 3 Whether an internal flight alternative (IFA) to Colombo exists

Ratio Decidendi

The claimant was found not credible on the balance of probabilities due to multiple inconsistencies, omissions and implausibilities and undue delay; accordingly the RPD rejected the refugee and protection claims and, alternatively, found a viable internal flight alternative to Colombo; the Tsunami did not alter this conclusion.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.