MA6-07028

MA6-07028

The panel rejected the claimant's testimony as not credible due to material contradictions, implausible conduct and inconsistency with filed exhibits (including a dated photograph), and therefore concluded the claimant failed to prove a well-founded fear of persecution or that he would face torture or risk to life on return under IRPA ss.96 and 97; claim dismissed.

Citation
MA6-07028
Parties
Claimant: XXXXX XXXXX XXXXX; Decision Maker: Me Ruth Delisle; Refugee Protection Officer: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 April 2007
Procedural Posture
Refugee Protection / Hearing/decision
Outcome
Claim for refugee protection denied; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Membership in a Particular Social Group, Credibility, Torture, Risk to Life, Ethnic Discrimination, Inter Ethnic Relationship
Source Language
English
Immigration Law Refugee Law International Human Rights Convention Refugee Person in Need of Protection Membership in a Particular Social Group Credibility Torture +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Me Ruth Delisle

Decision Maker

Refugee Protection Officer

Refugee Protection Officer

Procedural Posture

Refugee Protection / Hearing/decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under IRPA s.96
  2. 2 Whether claimant is a person in need of protection under IRPA s.97 (risk of torture, risk to life, cruel and unusual treatment)
  3. 3 Whether claimant is a member of a particular social group (inter-ethnic relationship)

Ratio Decidendi

The panel rejected the claimant's testimony as not credible due to material contradictions, implausible conduct and inconsistency with filed exhibits (including a dated photograph), and therefore concluded the claimant failed to prove a well-founded fear of persecution or that he would face torture or risk to life on return under IRPA ss.96 and 97; claim dismissed.

Court Disposition

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

Orders

  • Claim for refugee protection rejected