MA6-00296

MA6-00296

Because material credibility concerns (inconsistent PIF and testimony, failure to produce corroborative documents, unexplained delay) and a reasonable, viable internal flight alternative within India exist, the claimant does not meet the definitions of Convention refugee under s.96 or person in need of protection under para 97(1)(b); claim rejected.

Citation
MA6-00296
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: Fred Saikali; Panel Member: Roger Houde; Tribunal Officer: Jocelyne Senécal; Designated Representative: N/A; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 May 2008
Procedural Posture
Refugee Protection Claim (de Novo Hearing) / Decision Following De Novo Hearing
Outcome
Claim for refugee protection rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Membership in a Particular Social Group (homosexuals), Internal Flight Alternative, Credibility and Documentary Evidence, Medical/psychological Evidence, Delay in Claiming Asylum
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Membership in a Particular Social Group (homosexuals) Internal Flight Alternative Credibility and Documentary Evidence +2 more

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Parties

XXXXX XXXXX

Claimant

Fred Saikali

Claimant's Counsel

Roger Houde

Panel Member

Jocelyne Senécal

Tribunal Officer

N/A

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim (de Novo Hearing) / Decision Following De Novo Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under paragraph 97(1)(b) of the IRPA
  3. 3 Credibility of claimant's testimony and documentary evidence

Ratio Decidendi

Because material credibility concerns (inconsistent PIF and testimony, failure to produce corroborative documents, unexplained delay) and a reasonable, viable internal flight alternative within India exist, the claimant does not meet the definitions of Convention refugee under s.96 or person in need of protection under para 97(1)(b); claim rejected.

Court Disposition

Claim for refugee protection rejected

Orders

  • Refugee protection claim denied; no protection granted to claimant