MA5-05751

MA5-05751

The panel found the claimant not credible due to material inconsistencies, omissions, implausibilities and failure to produce timely documentary evidence; because credibility was determinative and the claimant failed to prove a well‑founded fear of persecution, the claim was rejected and he does not meet the statutory definitions of Convention refugee or person in need of protection.

Citation
MA5-05751
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 August 2006
Procedural Posture
Refugee Protection Claim / Final Decision Following Hearing
Outcome
Claim rejected
Legal Topics
Credibility Assessment, Well Founded Fear of Persecution, Convention Refugee Status, Person in Need of Protection, Forced Recruitment/extortion by Non State Actors, Documentary Evidence and Compliance, Timing of Departure
Source Language
English
Refugee Law Immigration Law Human Rights Credibility Assessment Well Founded Fear of Persecution Convention Refugee Status Person in Need of Protection Forced Recruitment/extortion by Non State Actors +2 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether the claimant has a well‑founded fear of persecution
  3. 3 Whether the claimant meets the statutory definitions of Convention refugee or person in need of protection

Ratio Decidendi

The panel found the claimant not credible due to material inconsistencies, omissions, implausibilities and failure to produce timely documentary evidence; because credibility was determinative and the claimant failed to prove a well‑founded fear of persecution, the claim was rejected and he does not meet the statutory definitions of Convention refugee or person in need of protection.

Court Disposition

Claim rejected

Orders

  • Claimant found not to be a Convention refugee and not a person in need of protection; protection claim dismissed