MA9-11819

MA9-11819

The claimant's testimony and evidence were found not credible due to material omissions, contradictions and lack of corroboration (including an unreliable medical certificate and absence of a police report), and therefore she failed to prove a serious possibility of persecution on a Convention ground or, on the balance of probabilities, a personal risk of torture, death or cruel and unusual treatment; claim is rejected.

Citation
MA9-11819
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 November 2012
Procedural Posture
Refugee Protection Convention Refugee and Person in Need of Protection Under IRPA / RPD Hearing and Decision (merits)
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Persecution, Risk of Torture
Source Language
English
Immigration Law Refugee Law Protection Against Torture Convention Refugee Person in Need of Protection Credibility Assessment Persecution Risk of Torture

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Convention Refugee and Person in Need of Protection Under IRPA / RPD Hearing and Decision (merits)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under s.97(1) of IRPA
  3. 3 Credibility of the claimant's testimony and documentary evidence

Ratio Decidendi

The claimant's testimony and evidence were found not credible due to material omissions, contradictions and lack of corroboration (including an unreliable medical certificate and absence of a police report), and therefore she failed to prove a serious possibility of persecution on a Convention ground or, on the balance of probabilities, a personal risk of torture, death or cruel and unusual treatment; claim is rejected.

Court Disposition

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

Orders

  • Claim for refugee protection dismissed; no protection granted