TA5-11020

TA5-11020

Because material and central inconsistencies between the claimant's PIF, Schedule 1 and ROE, combined with the absence of passport and visa records and no adequate explanation or corroboration, led the panel to conclude the allegation of 2003 detention and sexual assault was fabricated; that credibility finding defeated the claimant's s.96/s.97 claims and justified denial of the adjournment, so the claim was rejected.

Citation
TA5-11020
Parties
Claimant: XXXXX XXXXX; Representative: Hagos Beine; Presiding Member: Harvey Savage
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 January 2007
Procedural Posture
Convention Refugee Claim and S.97 Protection Claim Under IRPA / Decision After Hearing
Outcome
Claimant is neither a Convention refugee nor a person in need of protection; claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Political Opinion, Particular Social Group, Family, Sexual Assault, Adjournment, Production of Documents, Rules of Procedure
Source Language
English
Immigration and Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Political Opinion Particular Social Group Family +4 more

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Parties

XXXXX XXXXX

Claimant

Hagos Beine

Representative

Harvey Savage

Presiding Member

Procedural Posture

Convention Refugee Claim and S.97 Protection Claim Under IRPA / Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether the claimant's testimony is credible in light of material inconsistencies

Ratio Decidendi

Because material and central inconsistencies between the claimant's PIF, Schedule 1 and ROE, combined with the absence of passport and visa records and no adequate explanation or corroboration, led the panel to conclude the allegation of 2003 detention and sexual assault was fabricated; that credibility finding defeated the claimant's s.96/s.97 claims and justified denial of the adjournment, so the claim was rejected.

Court Disposition

Claimant is neither a Convention refugee nor a person in need of protection; claim rejected

Orders

  • Refugee Protection Division rejects the claimant's claim
  • Request for extension/adjournment to obtain passport copy denied