TB0-01966

TB0-01966

Because the claimant's testimony was found not credible due to material omissions and lack of corroboration, and because available state protection in Israel and the nature of the sanctions indicate prosecution under a law of general application rather than persecution, the claimant failed to establish a well‑founded fear of persecution or need for protection; claim rejected under ss. 96 and 97(1) IRPA.

Citation
TB0-01966
Parties
Claimant: XXXXXXXXXXX; Adjudicator: K. Dickenson
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 February 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing Decision Issued
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Convention Refugee, State Protection, Conscientious Objection, Military Service, Credibility, Persecution, Protection Against Torture
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee State Protection Conscientious Objection Military Service Credibility +2 more

Case Brief

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Parties

XXXXXXXXXXX

Claimant

K. Dickenson

Adjudicator

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing Decision Issued

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Credibility of claimant's testimony and omissions

Ratio Decidendi

Because the claimant's testimony was found not credible due to material omissions and lack of corroboration, and because available state protection in Israel and the nature of the sanctions indicate prosecution under a law of general application rather than persecution, the claimant failed to establish a well‑founded fear of persecution or need for protection; claim rejected under ss. 96 and 97(1) IRPA.

Court Disposition

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

Orders

  • Claim rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act (S.C. 2001, c. 27).