TB0-14518

TB0-14518

Tribunal found on the balance of probabilities that boarding the Ocean Lady altered the claimant's profile such that Sri Lankan authorities would suspect LTTE links, would detain and likely torture or otherwise persecute him on return, that state protection is unavailable and internal flight alternative is not reasonable; therefore claimant is a Convention refugee and the claim is allowed.

Citation
TB0-14518
Parties
Claimant: XXXX XXXX; Intervenor: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 October 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Refugee Status Determination, Sur Place, State Protection, Well‑founded Fear, Internal Flight Alternative
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Refugee Status Determination Sur Place State Protection Well‑founded Fear Internal Flight Alternative

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Parties

XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervenor

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a refugee sur place
  2. 2 Whether claimant has a well‑founded fear of persecution on return
  3. 3 Whether state protection in Sri Lanka is available

Ratio Decidendi

Tribunal found on the balance of probabilities that boarding the Ocean Lady altered the claimant's profile such that Sri Lankan authorities would suspect LTTE links, would detain and likely torture or otherwise persecute him on return, that state protection is unavailable and internal flight alternative is not reasonable; therefore claimant is a Convention refugee and the claim is allowed.

Court Disposition

Claim allowed; claimant found to be a Convention refugee

Orders

  • Claim accepted and refugee protection granted