TA4-17557

TA4-17557

The claimant's testimony was found not credible and not trustworthy due to material inconsistencies, implausibilities and lack of corroboration; documentary country evidence showed durable change in Sierra Leone since 2002; on balance of probabilities there is no reasonable chance of persecution and no basis for protection under IRPA sections 96 and 97(1) nor for exclusion under Article 1F(a).

Citation
TA4-17557
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer / Designated Representative: Peter Stolworthy; Minister's Counsel: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 November 2005
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected — not a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Article 1 F(a) Exclusion, Change of Country Circumstances, Convention Refugee Status, Person in Need of Protection, Identity Documents, Hearsay Evidence
Source Language
English
Immigration Refugee Protection International Refugee Law Credibility Assessment Exclusion Credibility Article 1 F(a) Exclusion Change of Country Circumstances +4 more

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Parties

XXXXX XXXXX

Claimant

Peter Stolworthy

Refugee Protection Officer / Designated Representative

Minister's Counsel

Minister's Counsel

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or person in need of protection
  2. 2 Whether the claimant should be excluded under Article 1F(a) due to association with RUF
  3. 3 Credibility and reliability of claimant's testimony and documentary evidence

Ratio Decidendi

The claimant's testimony was found not credible and not trustworthy due to material inconsistencies, implausibilities and lack of corroboration; documentary country evidence showed durable change in Sierra Leone since 2002; on balance of probabilities there is no reasonable chance of persecution and no basis for protection under IRPA sections 96 and 97(1) nor for exclusion under Article 1F(a).

Court Disposition

Claim rejected — not a Convention refugee nor a person in need of protection