VB1-03104

VB1-03104

The panel rejected the claim because credible evidence established only criminal extortion and a shooting by unknown assailants, the police investigated and provided adequate state protection, and the principal claimant's mosque-related allegations were not credible; therefore there was no well-founded fear of persecution on a Convention ground and no need for protection.

Citation
VB1-03104
Parties
Principal Claimant: XXXX XXXX; Associated Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 July 2012
Procedural Posture
Refugee Protection Claim (s.96 and S.97 Irpa) / Hearing and Decision (merits)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
State Protection, Credibility Assessment, Convention Refugee, Risk of Torture, Extortion, Religious/religion Based Allegations
Source Language
English
Immigration Refugee Law Administrative Law State Protection Credibility Assessment Convention Refugee Risk of Torture Extortion +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associated Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (s.96 and S.97 Irpa) / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether state protection in Pakistan was adequate
  3. 3 Credibility of the principal claimant's allegations about fundamentalists at the mosque

Ratio Decidendi

The panel rejected the claim because credible evidence established only criminal extortion and a shooting by unknown assailants, the police investigated and provided adequate state protection, and the principal claimant's mosque-related allegations were not credible; therefore there was no well-founded fear of persecution on a Convention ground and no need for protection.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection

Orders

  • Claim dismissed under sections 96 and 97 of the Immigration and Refugee Protection Act
  • No refugee protection or protection status granted