MA9-09901

MA9-09901

The claim is rejected because the claimant failed to establish, on credible and corroborated evidence, membership of a protected group or nexus to a Convention ground and failed to demonstrate a well-founded fear or a balance of probabilities risk of death, torture or cruel and unusual treatment on return due to material inconsistencies, omissions and lack of corroboration.

Citation
MA9-09901
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: Me Gisela G. Barraza; Adjudicator: Youssoupha Diop
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 September 2012
Procedural Posture
Refugee Protection Convention Refugee Claim / Oral Hearing — Decision Rendered
Outcome
Claim for refugee protection rejected; claimant is not a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility and Corroboration, Persecution by Non State Actors, Membership of a Particular Social Group
Source Language
English
Immigration Refugee Protection Administrative Law Convention Refugee Person in Need of Protection Credibility and Corroboration Persecution by Non State Actors Membership of a Particular Social Group

Case Brief

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Parties

XXXXX XXXXX

Claimant

Me Gisela G. Barraza

Claimant's Counsel

Youssoupha Diop

Adjudicator

Procedural Posture

Refugee Protection Convention Refugee Claim / Oral Hearing — Decision Rendered

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection (risk to life, cruel and unusual treatment, torture)
  3. 3 Whether the claimant's allegations are credible and corroborated

Ratio Decidendi

The claim is rejected because the claimant failed to establish, on credible and corroborated evidence, membership of a protected group or nexus to a Convention ground and failed to demonstrate a well-founded fear or a balance of probabilities risk of death, torture or cruel and unusual treatment on return due to material inconsistencies, omissions and lack of corroboration.

Court Disposition

Claim for refugee protection rejected; claimant is not a Convention refugee nor a person in need of protection