VA5-00336

VA5-00336

The claimant's account was found to be not credible on the balance of probabilities due to multiple inconsistencies, implausibilities and contradictions between testimony and documentary/contextual evidence; physical evidence was unhelpful; no credible nexus to Convention grounds or to s.97 protections (including medical risk) was established; accordingly the claim is rejected under IRPA ss.96 and 97.

Citation
VA5-00336
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: Nora Duen Yee Ng; Adjudicator: S.M. Beckow
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 March 2006
Procedural Posture
Refugee Protection Claim / Decision (hearing Concluded)
Outcome
Claim rejected: claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Sur Place, Medical Condition (hepatitis B), Nexus, Country Conditions (china), Falun Gong, Inconsistency
Source Language
English
Refugee Protection Immigration Human Rights Administrative Law Credibility Convention Refugee Person in Need of Protection Sur Place +5 more

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Parties

XXXXX XXXXX

Claimant

Nora Duen Yee Ng

Claimant's Counsel

S.M. Beckow

Adjudicator

Procedural Posture

Refugee Protection Claim / Decision (hearing Concluded)

Legal Issues

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

Ratio Decidendi

The claimant's account was found to be not credible on the balance of probabilities due to multiple inconsistencies, implausibilities and contradictions between testimony and documentary/contextual evidence; physical evidence was unhelpful; no credible nexus to Convention grounds or to s.97 protections (including medical risk) was established; accordingly the claim is rejected under IRPA ss.96 and 97.

Court Disposition

Claim rejected: claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Refugee protection claim denied; no further relief ordered.