TA6-05503

TA6-05503

Claim dismissed because the claimant's testimony was found not credible on key elements, material allegations lacked corroboration and contained omissions, claimant's repeated returns and residence in Pakistan undermined subjective fear, and an internal flight alternative (IFA) existed; therefore no serious possibility of persecution or risk to life/cruel treatment/torture was established.

Citation
TA6-05503
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX XXXXX; Refugee Protection Officer: A. Martin; Minister's Counsel: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 January 2007
Procedural Posture
Refugee Protection Claim / Final Decision After Hearing
Outcome
Claim rejected; not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Internal Flight Alternative, Credibility, Re Availment, Persecution, Marriage Customs, Agents of Persecution, Family
Source Language
English
Immigration Refugee Law Convention Refugee Internal Flight Alternative Credibility Re Availment Persecution Marriage Customs +2 more

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Spouse

A. Martin

Refugee Protection Officer

Minister of Citizenship and Immigration

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Final Decision After Hearing

Legal Issues

  1. 1 credibility of claimant
  2. 2 re-availment (return trips to country of origin)
  3. 3 availability of internal flight alternative (IFA)

Ratio Decidendi

Claim dismissed because the claimant's testimony was found not credible on key elements, material allegations lacked corroboration and contained omissions, claimant's repeated returns and residence in Pakistan undermined subjective fear, and an internal flight alternative (IFA) existed; therefore no serious possibility of persecution or risk to life/cruel treatment/torture was established.

Court Disposition

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