MA7-00761

MA7-00761

The claim was rejected because the claimant's testimony contained significant inconsistencies and omissions, he failed to produce corroborating documents or satisfactorily explain their absence, and the panel concluded he did not establish a well‑founded fear of persecution under s.96 nor a risk meeting s.97; credibility findings were decisive.

Citation
MA7-00761
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Tribunal: Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 September 2008
Procedural Posture
Refugee Protection Claim / Hearing and Final Decision
Outcome
Claim for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Imputed Political Opinion, Particular Social Group, Credibility and Corroboration, Production of Documents, Internal State Protection
Source Language
English
Immigration and Refugee Law Convention Refugee Person in Need of Protection Imputed Political Opinion Particular Social Group Credibility and Corroboration Production of Documents Internal State Protection

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Claim / Hearing and Final Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97 of the IRPA
  3. 3 Whether persecution was on account of membership in a particular social group or imputed political opinion

Ratio Decidendi

The claim was rejected because the claimant's testimony contained significant inconsistencies and omissions, he failed to produce corroborating documents or satisfactorily explain their absence, and the panel concluded he did not establish a well‑founded fear of persecution under s.96 nor a risk meeting s.97; credibility findings were decisive.

Court Disposition

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

Orders

  • Claim for refugee protection rejected