MA4-05813

MA4-05813

The claim is dismissed because the panel concluded the claimant's evidence on identity, past harm and motives for travel lacked credibility and corroboration and therefore he did not meet the statutory tests in sections 96 or 97 of the Immigration and Refugee Protection Act.

Citation
MA4-05813
Parties
Claimant: XXXXX XXXXX; Panel: Me Michael Hamelin; Minister's Counsel: N. Grégoire
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 February 2006
Procedural Posture
Refugee Protection Claim / Decision (refused)
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 Assessment, Safe Third Country, Sojourning, Production of Documents, Change of Circumstances, Political Opinion, Membership in a Particular Social Group
Source Language
English
Immigration Refugee Law Nationality Law Human Rights Convention Refugee Person in Need of Protection Credibility Assessment Safe Third Country +5 more

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Parties

XXXXX XXXXX

Claimant

Me Michael Hamelin

Panel

N. Grégoire

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Decision (refused)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Credibility and plausibility of claimant's narrative and identity

Ratio Decidendi

The claim is dismissed because the panel concluded the claimant's evidence on identity, past harm and motives for travel lacked credibility and corroboration and therefore he did not meet the statutory tests in sections 96 or 97 of the Immigration and Refugee Protection Act.

Court Disposition

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

Orders

  • Refugee protection claim dismissed
  • No protection granted under sections 96 and 97 of the Immigration and Refugee Protection Act