TA8-10411

TA8-10411

The claimant's material credibility deficiencies, limited and passive involvement with the political group, lack of evidence of ongoing activity or current interest by authorities, and unsupported oral embellishments mean there is no reasonable chance or serious possibility of persecution and no risk of torture, life-threatening or cruel treatment; therefore the claim is rejected under ss.96 and 97 IRPA.

Citation
TA8-10411
Parties
Claimant: XXXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 November 2010
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Decision at Refugee Protection Division (hearing Concluded)
Outcome
Claim rejected; refugee protection denied.
Legal Topics
Convention Refugee, Risk of Torture, Credibility Assessment, Political Activities, Detention and Ill Treatment
Source Language
English
Refugee Law Immigration Law Administrative Law Human Rights Law Convention Refugee Risk of Torture Credibility Assessment Political Activities +1 more

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Parties

XXXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Decision at Refugee Protection Division (hearing Concluded)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant faces a risk of torture under section 97(1)(a) IRPA
  3. 3 Whether claimant would face risk to life or cruel and unusual treatment under section 97(1)(b) IRPA

Ratio Decidendi

The claimant's material credibility deficiencies, limited and passive involvement with the political group, lack of evidence of ongoing activity or current interest by authorities, and unsupported oral embellishments mean there is no reasonable chance or serious possibility of persecution and no risk of torture, life-threatening or cruel treatment; therefore the claim is rejected under ss.96 and 97 IRPA.

Court Disposition

Claim rejected; refugee protection denied.

Orders

  • Refugee protection claim dismissed; no protection granted under sections 96 or 97(1) of IRPA