TB0-09769

TB0-09769

Tribunal found on balance of probabilities that claimant became a refugee sur place when he travelled on the Ocean Lady because publicized information and government contacts would lead Sri Lankan authorities to identify him as a passenger and suspect LTTE links; given documented risks of detention, torture, disappearances and official impunity, state protection is not available and internal flight alternative is not viable, establishing a well-founded fear of persecution and entitlement to Convention refugee status.

Citation
TB0-09769
Parties
Claimant: XXXX XXXX; Respondent (minister): Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 October 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Hearing
Outcome
Claimant found to be a Convention refugee; claim accepted
Legal Topics
Sur Place, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Detention and Torture, Forced Recruitment, Disappearances
Source Language
English
Immigration Law Refugee Law Human Rights Sur Place Well Founded Fear of Persecution State Protection Internal Flight Alternative Credibility Assessment +3 more

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Parties

XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Respondent (minister)

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a refugee sur place
  2. 2 Whether claimant has a nexus to a Convention ground
  3. 3 Whether state protection is available

Ratio Decidendi

Tribunal found on balance of probabilities that claimant became a refugee sur place when he travelled on the Ocean Lady because publicized information and government contacts would lead Sri Lankan authorities to identify him as a passenger and suspect LTTE links; given documented risks of detention, torture, disappearances and official impunity, state protection is not available and internal flight alternative is not viable, establishing a well-founded fear of persecution and entitlement to Convention refugee status.

Court Disposition

Claimant found to be a Convention refugee; claim accepted

Orders

  • Refugee protection claim accepted and claimant recognized as a Convention refugee