MA4-01300

MA4-01300

Claimant's testimony was found not credible and documentary evidence was given no probative weight; therefore claimant failed to establish a well-founded fear of persecution under s.96 or that he is a person in need of protection under s.97(1).

Citation
MA4-01300
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: Me Joseph W. Allen; Designated Representative: Mrs. XXXXX; Panel: Barbara Berger
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 December 2005
Procedural Posture
Refugee Protection Convention Refugee and Person in Need of Protection / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection under the Act.
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Political Opinion, State Protection, Documentary Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Credibility Convention Refugee Person in Need of Protection Political Opinion +2 more

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Parties

XXXXX XXXXX

Claimant

Me Joseph W. Allen

Claimant's Counsel

Mrs. XXXXX

Designated Representative

Barbara Berger

Panel

Procedural Posture

Refugee Protection Convention Refugee and Person in Need of Protection / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) of the IRPA
  3. 3 Whether claimant's testimony and documentary evidence are credible and corroborated

Ratio Decidendi

Claimant's testimony was found not credible and documentary evidence was given no probative weight; therefore claimant failed to establish a well-founded fear of persecution under s.96 or that he is a person in need of protection under s.97(1).

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection under the Act.

Orders

  • Claim rejected; removal proceedings may be resumed consistent with law.