Canada Immigration Case-law Canada, Gunaratnam, IMMIGRATION — Refugee status — Requirements by Joy Stephen, Polinsys

Editorial Caselaws 94 Comments

Judgement for this Case: Click here!

IMMIGRATION — Refugee status — Requirements — Refugee Protection Division of the Immigration and Refugee Board rejected applicant’s claim for refugee protection — Board did not find applicant’s claim credible — Board found applicant was victim of extortion — Board concluded applicant failed to link crime that he feared to Convention ground — Board found that risk applicant feared on return to country of origin was risk generally faced by other individuals in country of origin — Board found country conditions improved — Applicant sought judicial review — Application granted — Real basis for decision was that applicant lacked history or profile for someone at risk, except risk of extortion, which was generalized risk and was excluded — Board erred in failing to consider that extortion in current case had distinct racial element to it — Evidence before board indicates that groups were not targeting applicant solely for economic purposes, but rather they were targeting young, Tamil men from Jaffna because they could use threat of denunciation to support extortion demands — Only Tamil males could face risk of extortion with threat of denunciation as LTTE supporter

Comments 94

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