TA7-01492

TA7-01492

The claim was rejected because the claimant was found not credible on a balance of probabilities regarding alleged detentions and mistreatment, absence of corroborating evidence, and there was no serious possibility she would face persecution or personal risk of torture or cruel or unusual treatment on return to Turkey.

Citation
TA7-01492
Parties
Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 September 2009
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (claim Rejected)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Detention, Persecution, Convention Refugee, Risk of Torture
Source Language
English
Immigration and Refugee Law Human Rights Credibility Detention Persecution Convention Refugee Risk of Torture

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (claim Rejected)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection (risk to life, torture, cruel and unusual treatment)
  3. 3 Credibility and corroboration of alleged detentions and mistreatment

Ratio Decidendi

The claim was rejected because the claimant was found not credible on a balance of probabilities regarding alleged detentions and mistreatment, absence of corroborating evidence, and there was no serious possibility she would face persecution or personal risk of torture or cruel or unusual treatment on return to Turkey.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Claim dismissed; refugee protection claim rejected