MA3-04569

MA3-04569

Claim dismissed because claimant is accepted in Senegal where she can enjoy rights equivalent to nationality under ECOWAS arrangements (Article 1E), and her allegations of persecution are inconsistent, partly fabricated and insufficient to satisfy sections 96 or 97 of the IRPA.

Citation
MA3-04569
Parties
Claimant: XXXXXXXXXXXXXXX; Claimant's Counsel: Me Jean Fauteux; Refugee Protection Officer: Josée Bonin; Panel Member: Joulekhan Pirbay; Designated Representative: N/A; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 February 2004
Procedural Posture
Refugee Protection Claim / Decision on Refugee Protection Claim After Hearing
Outcome
Claim rejected; claimant excluded under Article 1E of the 1951 Convention; not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Exclusion Under Article 1 E, Credibility, Country of Habitual Residence
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Exclusion Under Article 1 E Credibility Country of Habitual Residence

Case Brief

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Parties

XXXXXXXXXXXXXXX

Claimant

Me Jean Fauteux

Claimant's Counsel

Josée Bonin

Refugee Protection Officer

Joulekhan Pirbay

Panel Member

N/A

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Decision on Refugee Protection Claim After Hearing

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee under section 96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under section 97 of the IRPA
  3. 3 Whether claimant is excluded from protection under Article 1E of the 1951 Convention because she is accepted in Senegal

Ratio Decidendi

Claim dismissed because claimant is accepted in Senegal where she can enjoy rights equivalent to nationality under ECOWAS arrangements (Article 1E), and her allegations of persecution are inconsistent, partly fabricated and insufficient to satisfy sections 96 or 97 of the IRPA.

Court Disposition

Claim rejected; claimant excluded under Article 1E of the 1951 Convention; not a Convention refugee and not a person in need of protection.

Orders

  • Claim rejected; claimant excluded under Article 1E of the 1951 Convention; not a Convention refugee and not a person in need of protection.