MA5-00221

MA5-00221

The claimant's testimony was not credible; material contradictions, omissions and unjustified delay undermined his allegations and the evidence is therefore insufficient to establish a well-founded fear of persecution under sections 96 and 97 of the Immigration and Refugee Protection Act; claim is dismissed.

Citation
MA5-00221
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Refugee Protection Officer; Panel/decision Maker: Me Anna-Maria Silvestri; Designated Representative: Designated Representative; Counsel for the Minister: Counsel for the Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 July 2005
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
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, Particular Social Group, Imputed Political Opinion, Credibility, Delay in Filing, Contradictions in Testimony, Sojourning/previous Residence
Source Language
English
Immigration Law Refugee Law Convention Refugee Person in Need of Protection Particular Social Group Imputed Political Opinion Credibility Delay in Filing +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Refugee Protection Officer

Me Anna-Maria Silvestri

Panel/decision Maker

Designated Representative

Designated Representative

Counsel for the Minister

Counsel for the Minister

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution
  2. 2 Whether claimant is a Convention refugee under s.96 IRPA
  3. 3 Whether claimant is a person in need of protection under s.97 IRPA

Ratio Decidendi

The claimant's testimony was not credible; material contradictions, omissions and unjustified delay undermined his allegations and the evidence is therefore insufficient to establish a well-founded fear of persecution under sections 96 and 97 of the Immigration and Refugee Protection Act; claim is dismissed.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refusal of refugee protection claim under ss.96 and 97 IRPA