MA3-10400

MA3-10400

The claimant failed to establish the central factual elements of her claim on a balance of probabilities because of significant inconsistencies in testimony, implausibilities and documentary discrepancies that rendered key exhibits of no probative value; therefore she did not prove a well‑founded fear of persecution or a need for protection and is neither a Convention refugee nor a person in need of protection under IRPA.

Citation
MA3-10400
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant's Counsel: Jack Davis; Refugee Protection Officer: Gary Dukeshire; Panel Member / Decision Maker: Lawrence Lang
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 May 2005
Procedural Posture
Refugee Protection Claim Under IRPA (sections 96 and 97) / Merits Hearing and Decision
Outcome
Claim dismissed; refugee protection claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Gender Based Persecution, Domestic Violence, Sexual Assault, Credibility Assessment, Documentary Corroboration, Medical Evidence, Burden of Proof, Country Risk (kenya)
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Particular Social Group Gender Based Persecution Domestic Violence +6 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Jack Davis

Claimant's Counsel

Gary Dukeshire

Refugee Protection Officer

Lawrence Lang

Panel Member / Decision Maker

Procedural Posture

Refugee Protection Claim Under IRPA (sections 96 and 97) / Merits Hearing and Decision

Legal Issues

  1. 1 Whether claimant established identity and citizenship
  2. 2 Whether claimant credibly established assault, threats and persecution by ex-boyfriend and Mungiki members
  3. 3 Whether documentary and testimonial evidence was corroborative and authentic

Ratio Decidendi

The claimant failed to establish the central factual elements of her claim on a balance of probabilities because of significant inconsistencies in testimony, implausibilities and documentary discrepancies that rendered key exhibits of no probative value; therefore she did not prove a well‑founded fear of persecution or a need for protection and is neither a Convention refugee nor a person in need of protection under IRPA.

Court Disposition

Claim dismissed; refugee protection claim rejected

Orders

  • Refugee claim rejected; claimant found not to be a Convention refugee and not to be a person in need of protection