TA9-19453

TA9-19453

The Panel found the claimant credible on identity but drew adverse inferences from material inconsistencies in his testimony, and on objective country evidence and the claimant's low-level opposition activity concluded there is no serious possibility of persecution nor a balance of probabilities risk of torture or cruel and unusual treatment if returned; claim therefore fails under ss.96 and 97(1) of IRPA.

Citation
TA9-19453
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 May 2011
Procedural Posture
Refugee Protection Claim Under IRPA (sections 96 and 97(1)) / Decision by Refugee Protection Division (reasons and Decision)
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection under IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, Persecution, Credibility
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Political Opinion Persecution Credibility

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA (sections 96 and 97(1)) / Decision by Refugee Protection Division (reasons and Decision)

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution on Convention grounds
  2. 2 Whether claimant is a person in need of protection under section 97(1) of IRPA
  3. 3 Credibility and weight of claimant's testimony and documentary evidence

Ratio Decidendi

The Panel found the claimant credible on identity but drew adverse inferences from material inconsistencies in his testimony, and on objective country evidence and the claimant's low-level opposition activity concluded there is no serious possibility of persecution nor a balance of probabilities risk of torture or cruel and unusual treatment if returned; claim therefore fails under ss.96 and 97(1) of IRPA.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection under IRPA.