MA6-07230

MA6-07230

The tribunal rejected the claim because the claimant's core allegations were not credible or corroborated and therefore he did not establish a serious possibility of persecution on a Convention ground nor a more‑likely‑than‑not risk of torture, death or cruel and unusual treatment under ss.96 and 97(1) IRPA.

Citation
MA6-07230
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant's Counsel: Me Dan M. Bohbot; Refugee Protection Officer: ?deposit of documents?; Panel: Paule Robitaille; Designated Representative: N/A; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 September 2007
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim dismissed; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Political Participation, Convention Refugee Determination, Person in Need of Protection, Corroboration, Risk of Torture
Source Language
English
Immigration Refugee Law Administrative Law Credibility Political Participation Convention Refugee Determination Person in Need of Protection Corroboration +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Me Dan M. Bohbot

Claimant's Counsel

?deposit of documents?

Refugee Protection Officer

Paule Robitaille

Panel

N/A

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

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

Ratio Decidendi

The tribunal rejected the claim because the claimant's core allegations were not credible or corroborated and therefore he did not establish a serious possibility of persecution on a Convention ground nor a more‑likely‑than‑not risk of torture, death or cruel and unusual treatment under ss.96 and 97(1) IRPA.

Court Disposition

Claim dismissed; claimant found neither a Convention refugee nor a person in need of protection