MB2-00570

MB2-00570

The panel rejected the claim because the claimant was not credible on essential elements—his asserted UDPS membership and recruitment activities were uncorroborated and contradicted by his testimony and documentary inquiry, so he did not establish a well‑founded fear of persecution or a risk of torture or cruel treatment under IRPA ss.96 and 97(1).

Citation
MB2-00570
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 February 2013
Procedural Posture
Refugee Protection (rpd) / Final Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee or a person in need of protection.
Legal Topics
Convention Refugee, Political Participation, Membership of Political Party, Credibility, Arbitrary Arrest and Detention, Risk of Torture, Risk of Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Political Participation Membership of Political Party Credibility +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (rpd) / Final Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a member of the UDPS
  2. 2 Whether the claimant was persecuted or faces a risk on a Convention ground
  3. 3 Credibility and corroboration of claimant's allegations

Ratio Decidendi

The panel rejected the claim because the claimant was not credible on essential elements—his asserted UDPS membership and recruitment activities were uncorroborated and contradicted by his testimony and documentary inquiry, so he did not establish a well‑founded fear of persecution or a risk of torture or cruel treatment under IRPA ss.96 and 97(1).

Court Disposition

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

Orders

  • Claim dismissed