TA2-09736

TA2-09736

The panel found the claimant's evidence fabricated and not credible due to numerous material inconsistencies, omissions and implausibilities, including a false claim of Roma ethnicity; with no credible objective basis for fear, the panel concluded there was no serious possibility of persecution, risk to life, cruel or unusual treatment, or torture on return to Hungary and accordingly rejected the refugee protection claim.

Citation
TA2-09736
Parties
Claimant: XXXXX XXXXX; Adjudicator: F. Mortazavi; Refugee Protection Officer: D. Crawford; Designated Representative: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 August 2003
Procedural Posture
Refugee Protection Claim / Hearing Held April 9, 2003; Decision Rendered August 4, 2003
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Ethnicity, Persecution, Risk Assessment, Convention Against Torture, Sexual Violence, Particular Social Group, False Statements, Procedural Evidence
Source Language
English
Immigration Refugee Protection Human Rights International Law Credibility Ethnicity Persecution Risk Assessment +5 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

F. Mortazavi

Adjudicator

D. Crawford

Refugee Protection Officer

Minister's Counsel

Designated Representative

Procedural Posture

Refugee Protection Claim / Hearing Held April 9, 2003; Decision Rendered August 4, 2003

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant faces a real risk of persecution on return
  3. 3 Whether claimant faces risk to life or cruel and unusual treatment on return

Ratio Decidendi

The panel found the claimant's evidence fabricated and not credible due to numerous material inconsistencies, omissions and implausibilities, including a false claim of Roma ethnicity; with no credible objective basis for fear, the panel concluded there was no serious possibility of persecution, risk to life, cruel or unusual treatment, or torture on return to Hungary and accordingly rejected the refugee protection claim.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection

Orders

  • Refugee Protection Division rejects the claimant's refugee protection claim dated August 4, 2003
  • Original passport returned to claimant