MA5-03286

MA5-03286

The panel rejected the claim because the claimant's testimony and documentary evidence were found not credible or inconsistent, negative inferences were drawn from destroyed/absent documents, and country information and the ceasefire context showed that the claimant had not proved on a balance of probabilities that he would face persecution, torture, death or cruel and unusual treatment on return; accordingly he is neither a Convention refugee nor a person in need of protection.

Citation
MA5-03286
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Patricia Nobl; Decision Maker (refugee Protection Division): Farid Osmane
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 June 2006
Procedural Posture
Refugee Protection Claim / Hearing and Determination
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Status, Person in Need of Protection, Torture, Forced Recruitment, Detention, Destruction of Travel Documents, Internal Protection Alternative, Change of Country Circumstances
Source Language
English
Immigration Law Refugee Law Human Rights Law Credibility Assessment Convention Refugee Status Person in Need of Protection Torture Forced Recruitment +4 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Patricia Nobl

Refugee Protection Officer

Farid Osmane

Decision Maker (refugee Protection Division)

Procedural Posture

Refugee Protection Claim / Hearing and Determination

Legal Issues

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

Ratio Decidendi

The panel rejected the claim because the claimant's testimony and documentary evidence were found not credible or inconsistent, negative inferences were drawn from destroyed/absent documents, and country information and the ceasefire context showed that the claimant had not proved on a balance of probabilities that he would face persecution, torture, death or cruel and unusual treatment on return; accordingly he is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Claim rejected