TA3-18725

TA3-18725

The claim was dismissed because the claimant's central allegations were not credible or corroborated on a balance of probabilities, he did not demonstrate that Polish authorities would be unable or unwilling to protect him, and he failed to establish a real risk of serious harm on return; therefore he is not a Convention refugee nor in need of protection.

Citation
TA3-18725
Parties
Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 October 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (s.170(b) Hearing)
Outcome
Refugee claim dismissed; claimant found not to be a Convention refugee and not in need of protection
Legal Topics
Convention Refugee Determination, State Protection, Protection Elsewhere, Credibility Assessment, Illicit Entry/arrest Warrant
Source Language
English
Immigration Refugee Law State Protection Criminal Allegations Convention Refugee Determination Protection Elsewhere Credibility Assessment Illicit Entry/arrest Warrant

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Parties

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (s.170(b) Hearing)

Legal Issues

  1. 1 Whether the claimant established past persecution or a well‑founded fear of persecution
  2. 2 Whether the claimant exhausted or sought available state protection in Poland
  3. 3 Whether the claimant met the evidentiary burden and was credible

Ratio Decidendi

The claim was dismissed because the claimant's central allegations were not credible or corroborated on a balance of probabilities, he did not demonstrate that Polish authorities would be unable or unwilling to protect him, and he failed to establish a real risk of serious harm on return; therefore he is not a Convention refugee nor in need of protection.

Court Disposition

Refugee claim dismissed; claimant found not to be a Convention refugee and not in need of protection

Orders

  • Refugee protection claim rejected (decision dated October 11, 2005)