MA1-10727
The claimant's testimony was found not credible due to serious contradictions, omissions and implausible explanations; documentary evidence did not establish a real risk of persecution for political opinion, nationality or membership of a particular social group; therefore the claimant did not satisfy s.96 or s.97 IRPA and the claim was dismissed.
- Citation
- MA1-10727
- Parties
- Claimant: XXXXXXXXXXXXXXX; Decision Maker: Barbara Berger; Refugee Protection Officer: Refugee Protection Officer
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 1 May 2003
- Procedural Posture
- Refugee Protection/asylum Claim / RPD Hearing and Decision (refugee Protection Division)
- Outcome
- Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
- Legal Topics
- Convention Refugee, Person in Need of Protection, Credibility, Political Opinion, Nationality (oromo), Particular Social Group (family), Documentary Evidence, Country Conditions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXXXXXXXXXXXX
Claimant
Barbara Berger
Decision Maker
Refugee Protection Officer
Refugee Protection Officer
Procedural Posture
Refugee Protection/asylum Claim / RPD Hearing and Decision (refugee Protection Division)
Legal Issues
- 1 Whether the claimant is a Convention refugee under s.96 IRPA
- 2 Whether the claimant is a person in need of protection under s.97 IRPA
- 3 Whether the claimant's testimony is credible
Ratio Decidendi
The claimant's testimony was found not credible due to serious contradictions, omissions and implausible explanations; documentary evidence did not establish a real risk of persecution for political opinion, nationality or membership of a particular social group; therefore the claimant did not satisfy s.96 or s.97 IRPA and the claim was dismissed.
Court Disposition
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
Orders
- Claim dismissed; no protection granted (not a Convention refugee under s.96 IRPA; not a person in need of protection under s.97 IRPA).
Full Case Text
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