MA9-09861

MA9-09861

The panel rejected the claim because the claimant's testimony was found not credible due to repeated contradictions and adjustments, and there was insufficient credible documentary or corroborative evidence to establish a serious possibility of persecution or on balance of probabilities a risk to life or cruel and unusual treatment on return.

Citation
MA9-09861
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 August 2014
Procedural Posture
Refugee Protection / Final Decision After Hearing
Outcome
Claim rejected; claimant is not a Convention refugee and 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 Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Persecution Risk of Torture

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection / Final Decision After Hearing

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 documentary evidence

Ratio Decidendi

The panel rejected the claim because the claimant's testimony was found not credible due to repeated contradictions and adjustments, and there was insufficient credible documentary or corroborative evidence to establish a serious possibility of persecution or on balance of probabilities a risk to life or cruel and unusual treatment on return.

Court Disposition

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

Orders

  • Refugee protection claim rejected