CA5-00300

CA5-00300

Although the claimant is a Shia and his fear is on a Convention ground (religion), he failed to rebut the presumption of state protection with clear and convincing evidence; documentary and country evidence demonstrate Pakistan takes measures to prevent sectarian violence and prosecute perpetrators, therefore the claimant is not a Convention refugee nor a person in need of protection.

Citation
CA5-00300
Parties
Claimant: XXXXX XXXXX; Respondent: Refugee Protection Officer; Panel Member: Gordon McKenzie
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 June 2006
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
State Protection, Religious Persecution, Sectarian Violence, Marriage/inter Family Persecution, Documentary Evidence, Credibility/corroboration
Source Language
English
Refugee Law Immigration Law Human Rights Law State Protection Religious Persecution Sectarian Violence Marriage/inter Family Persecution Documentary Evidence +1 more

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Parties

XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

Gordon McKenzie

Panel Member

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether claimant's fear is for a Convention ground (religion)
  3. 3 Whether Pakistan can provide state protection against private and extremist actors

Ratio Decidendi

Although the claimant is a Shia and his fear is on a Convention ground (religion), he failed to rebut the presumption of state protection with clear and convincing evidence; documentary and country evidence demonstrate Pakistan takes measures to prevent sectarian violence and prosecute perpetrators, therefore the claimant is not a Convention refugee nor a person in need of protection.

Court Disposition

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