Pervasive Decision VA9-02166 Essay Example | Topics and Well Written Essays - 250 words

Pervasive Decision VA9-02166 - Essay Example The use of words like "durable," "effective" or "meaningful" are only helpful when anyone wants to keep only question in mind (Oxman-Martinez et al., 2005), and hence the only test, that can be derived from the definition of Convention Refugee in Section 2 of the Immigration and Refugee Protection Act does the claimant now have a well-founded and genuine fear of persecution? After considering all the circumstances, the young Tamil male faced in connection to fetching LTTE information by the Sri Lankan army, paramilitary agencies and the government, the claimant filed a claim of refugee status seeking protection from the mentioned forces of Sri Lanka (LaViolette, 2004). Section 97(1)(b)(ii) of the Immigration and Refugee Protection Act states that the protection is limited to the claimants who face some specific risks that are not faced generally by other people in or from the country and thus, the claimant is not a person in need of protection (Dauvergne, 2003). In this instance, even though the war of September 2006 is over and situation is different in Sri Lanka, that does not favor Refugee Protection Act, so the young Tamil man should receive protection (Kruger, Mulder & Korenic, 2004). The Members of the justice panel must take the new evidences under consideration available from the current year of 2009 where even though the situation is different, the situation of the young Tamil male is no different. Hence, the paramilitary agencies, Sri Lankan army and government officials need to reconsider their belief that the young male belongs to the LTTE group. Amnesty International Report 2010, pp. 301-303 and Item 2.3. United Kingdom (UK). 22 October 2009. Foreign and Commonwealth Office (FCO) and Home Office. Report of Information Gathering Visit to Colombo, Sri Lanka 23-29 August 2009 (PDF, 215 KB). Oxman-Martinez, J., Hanley, J., Lach, L.,