TA5-03043

The claim is rejected because the claimant failed to establish her identity and gave materially inconsistent and implausible testimony contradicted by documentary and SIRU evidence; those adverse credibility findings preclude a finding of a well-founded fear of persecution or need for protection under s.97(1) IRPA.

Citation: TA5-03043
Parties: Claimant: XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: S. Indrasigamany; Decision Maker: Margaret Leighton
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 3 May 2006
Procedural Posture: Refugee Protection (convention Refugee/person in Need of Protection) / Hearing Concluded and Final Decision Rendered
Outcome: Claim rejected; claimant not found to be a Convention refugee or person in need of protection.
Legal Topics: Credibility, Identity Documents, Well Founded Fear of Persecution, State Protection, Refusal of Claim, Procedural Questioning Order
Source Language: English

Immigration Law Refugee Law Administrative Law Credibility Identity Documents Well Founded Fear of Persecution State Protection Refusal of Claim +1 more

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

S. Indrasigamany

Refugee Protection Officer

Margaret Leighton

Decision Maker

Procedural Posture

Refugee Protection (convention Refugee/person in Need of Protection) / Hearing Concluded and Final Decision Rendered

Legal Issues

1 Whether the claimant established her identity on a balance of probabilities
2 Whether the claimant's testimony was credible
3 Whether the claimant established a well-founded fear of persecution under s.97(1) IRPA

Ratio Decidendi

Court Disposition

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