TB3-09530

TB3-09530

The claimant was found to have declared citizenship of the Palestinian Authority on his application forms, so risk must be assessed against that country; claimant stated he would not fear the Palestinian Authority and materially inconsistent prior statements and omissions about detention and a signed agreement destroyed his credibility; therefore he failed to prove a serious possibility of persecution or that he would, on the balance of probabilities, face torture, risk to life or cruel and unusual treatment — claim rejected.

Citation
TB3-09530
Parties
Claimant: XXXX XXXX XXXX XXXX; Counsel for Claimant: Ali Dakakni; Interpreter: Ivan Isho; Adjudicator: Mr. Joseph Dalrymple
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 February 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing — Reasons for Decision
Outcome
Claim rejected — not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee Determination, Risk of Torture/death, Credibility/consistency of Evidence, Country of Nationality Assessment
Source Language
English
Immigration Law Refugee Law Nationality/statelessness Convention Refugee Determination Risk of Torture/death Credibility/consistency of Evidence Country of Nationality Assessment

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Ali Dakakni

Counsel for Claimant

Ivan Isho

Interpreter

Mr. Joseph Dalrymple

Adjudicator

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing — Reasons for Decision

Legal Issues

  1. 1 Is claimant stateless or a national of the Palestinian Authority?
  2. 2 Does claimant face a serious possibility of persecution on a Convention ground if returned?
  3. 3 Does claimant face danger of torture, risk to life or cruel and unusual treatment on balance of probabilities?

Ratio Decidendi

The claimant was found to have declared citizenship of the Palestinian Authority on his application forms, so risk must be assessed against that country; claimant stated he would not fear the Palestinian Authority and materially inconsistent prior statements and omissions about detention and a signed agreement destroyed his credibility; therefore he failed to prove a serious possibility of persecution or that he would, on the balance of probabilities, face torture, risk to life or cruel and unusual treatment — claim rejected.

Court Disposition

Claim rejected — not a Convention refugee and not a person in need of protection

Orders

  • Claim denied
  • Hearing concluded