TA2-09961

TA2-09961

The claimant's testimony was found not credible due to internal inconsistencies, implausibilities and contradictions with documentary records and the claimant's failure to provide identity or corroborative documents despite awareness of their importance; absent credible evidence, he did not establish a well-founded fear of persecution on a Convention ground nor that removal would expose him to risk to life, cruel or unusual treatment or torture, therefore the claim is rejected.

Citation
TA2-09961
Parties
Claimant: XXXXXXXXXXXXXXXXX; Decision Maker: S.E. Kitchener; Refugee Protection Officer: D. Huard
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 May 2003
Procedural Posture
Refugee Protection Claim / Decision (hearing Completed)
Outcome
Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Credibility, Identity Documents, Political Opinion, Particular Social Group, Risk of Torture, Well Founded Fear of Persecution
Source Language
English
Immigration Refugee Law Administrative Law Credibility Identity Documents Political Opinion Particular Social Group Risk of Torture +1 more

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Parties

XXXXXXXXXXXXXXXXX

Claimant

S.E. Kitchener

Decision Maker

D. Huard

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim / Decision (hearing Completed)

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Identity verification and lack of documentation
  3. 3 Whether claimant is a Convention refugee

Ratio Decidendi

The claimant's testimony was found not credible due to internal inconsistencies, implausibilities and contradictions with documentary records and the claimant's failure to provide identity or corroborative documents despite awareness of their importance; absent credible evidence, he did not establish a well-founded fear of persecution on a Convention ground nor that removal would expose him to risk to life, cruel or unusual treatment or torture, therefore the claim is rejected.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection

Orders

  • Claim dismissed; no protection granted