MA5-07519

MA5-07519

The tribunal rejected the claim because the claimant failed to demonstrate on the balance of probabilities the core factual predicates (that he was wanted by Iranian authorities, that he remained in Iran during the relevant period, and that he left Iran illegally); given those credibility findings and supporting documentary evidence (including CBSA emails and country reports), he failed to establish a serious possibility of persecution or the thresholds under s.97, so protection is refused.

Citation
MA5-07519
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: Normand Leduc; Minister's Counsel: Marie-Josée Dionne; Decision Maker: Paule Robitaille
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 November 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision at the Refugee Protection Division
Outcome
Claim rejected
Legal Topics
Credibility Assessment, Convention Refugee Determination, Person in Need of Protection, Risk Upon Return, Travel and Identity Documents, Detention and Mistreatment
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Person in Need of Protection Risk Upon Return Travel and Identity Documents +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

Normand Leduc

Refugee Protection Officer

Marie-Josée Dionne

Minister's Counsel

Paule Robitaille

Decision Maker

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision at the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether the claimant's core factual allegations (arrest, detention, hiding, and illegal departure) are credible

Ratio Decidendi

The tribunal rejected the claim because the claimant failed to demonstrate on the balance of probabilities the core factual predicates (that he was wanted by Iranian authorities, that he remained in Iran during the relevant period, and that he left Iran illegally); given those credibility findings and supporting documentary evidence (including CBSA emails and country reports), he failed to establish a serious possibility of persecution or the thresholds under s.97, so protection is refused.

Court Disposition

Claim rejected

Orders

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