MA5-06449

MA5-06449

Claimant's testimony was found not credible due to material implausibilities and lack of corroboration; documentary country evidence supports the existence of an internal flight alternative; therefore claimant failed to prove he is a Convention refugee or a person in need of protection and the claim is rejected.

Citation
MA5-06449
Parties
Claimant: XXXXX XXXXX XXXXX; Decision Maker: Refugee Protection Division, Immigration and Refugee Board
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 August 2007
Procedural Posture
Refugee Protection Claim / Determination/decision Following Hearing
Outcome
Claim for refugee protection rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Internal Flight Alternative, State Protection, Torture, Persecution
Source Language
English
Refugee Law Immigration Human Rights Criminal Law (torture/arrest) Convention Refugee Person in Need of Protection Credibility Assessment Internal Flight Alternative +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Division, Immigration and Refugee Board

Decision Maker

Procedural Posture

Refugee Protection Claim / Determination/decision Following Hearing

Legal Issues

  1. 1 Whether claimant was persecuted by state actors in India
  2. 2 Whether claimant's political opinion or perceived political opinion was nexus for persecution
  3. 3 Credibility of claimant's account of arrests, torture and bribes

Ratio Decidendi

Claimant's testimony was found not credible due to material implausibilities and lack of corroboration; documentary country evidence supports the existence of an internal flight alternative; therefore claimant failed to prove he is a Convention refugee or a person in need of protection and the claim is rejected.

Court Disposition

Claim for refugee protection rejected

Orders

  • Claim for refugee protection is rejected.