MA7-05725

MA7-05725

Because the claimant's account was found not credible on the critical points (implausible conduct after alleged torture, inconsistent testimony, unreliable documentary evidence and unjustified delay), the claimant failed to meet the legal burden under IRPA ss.96 and 97 and the claim must be rejected.

Citation
MA7-05725
Parties
Claimant: XXXXXXXXXXX; Claimant's Counsel: Me Marie-José Blain; Panel Member: Me Eveline Fiset; Tribunal Officer: Linda Doutre; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 November 2011
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97) / De Novo Merits Hearing Remitted by Federal Court; Decision on Refugee Protection Claim
Outcome
Refugee protection claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Risk of Torture, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Risk of Torture Burden of Proof

Case Brief

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Parties

XXXXXXXXXXX

Claimant

Me Marie-José Blain

Claimant's Counsel

Me Eveline Fiset

Panel Member

Linda Doutre

Tribunal Officer

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97) / De Novo Merits Hearing Remitted by Federal Court; Decision on Refugee Protection Claim

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 account is credible and internally consistent

Ratio Decidendi

Because the claimant's account was found not credible on the critical points (implausible conduct after alleged torture, inconsistent testimony, unreliable documentary evidence and unjustified delay), the claimant failed to meet the legal burden under IRPA ss.96 and 97 and the claim must be rejected.

Court Disposition

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

Orders

  • The refugee protection claim filed by XXXXXXXXXXX (RPD File MA7-05725) is rejected.