CA5-00176

CA5-00176

Panel accepted claimant's PPP/PSF membership but found central allegations not credible and corroborative documents unreliable or fabricated; independent country evidence indicated political harassment was generally isolated and targeted senior figures; claimant has a viable internal flight alternative; therefore no serious possibility of persecution for political opinion exists and claimant is not a Convention refugee or person in need of protection.

Citation
CA5-00176
Parties
Claimant: XXXX XXXX XXXX; Claimant's Counsel: Michael Sherritt; Refugee Protection Officer: Refugee Protection Officer; Presiding Member: Gordon McKenzie; Designated Representative: Designated Representative; Minister's Counsel: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 January 2006
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Political Opinion, Internal Flight Alternative, Credibility and Corroboration, Document Authenticity
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Political Opinion Internal Flight Alternative Credibility and Corroboration Document Authenticity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

Michael Sherritt

Claimant's Counsel

Refugee Protection Officer

Refugee Protection Officer

Gordon McKenzie

Presiding Member

Designated Representative

Designated Representative

Minister's Counsel

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under IRPA ss.96 and 97(1)
  2. 2 Whether claimant faces persecution for political opinion
  3. 3 Whether claimant's testimony and corroborating documents are credible and authentic

Ratio Decidendi

Panel accepted claimant's PPP/PSF membership but found central allegations not credible and corroborative documents unreliable or fabricated; independent country evidence indicated political harassment was generally isolated and targeted senior figures; claimant has a viable internal flight alternative; therefore no serious possibility of persecution for political opinion exists and claimant is not a Convention refugee or person in need of protection.

Court Disposition

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