TB0-10035

TB0-10035

The claimant is a Convention refugee because boarding the Ocean Lady materially changed his profile so that, on return to Sri Lanka, he would be perceived as having links to the LTTE and would face a real risk of detention, interrogation, torture or disappearance by state agents; state protection is not reasonably available and internal flight alternatives are not viable, overriding limited credibility concerns about past incidents.

Citation
TB0-10035
Parties
Claimant: XXXX XXXX XXXX (a.k.a. XXXX XXXX); Respondent (minister): Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 August 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Sur Place, Well Founded Fear of Persecution, Credibility Assessment, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Sur Place Well Founded Fear of Persecution Credibility Assessment State Protection +1 more

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Parties

XXXX XXXX XXXX (a.k.a. XXXX XXXX)

Claimant

Minister of Public Safety and Emergency Preparedness

Respondent (minister)

Procedural Posture

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

Legal Issues

  1. 1 Identity of claimant
  2. 2 Credibility of claimant's evidence
  3. 3 Whether claimant is a refugee sur place

Ratio Decidendi

The claimant is a Convention refugee because boarding the Ocean Lady materially changed his profile so that, on return to Sri Lanka, he would be perceived as having links to the LTTE and would face a real risk of detention, interrogation, torture or disappearance by state agents; state protection is not reasonably available and internal flight alternatives are not viable, overriding limited credibility concerns about past incidents.

Court Disposition

Claim accepted; claimant found to be a Convention refugee