MA5-05793

MA5-05793

Claim rejected because the panel found the claimant not credible, concluded he failed to establish his whereabouts since 2004 and therefore failed to prove a well-founded fear of persecution; consequently he is neither a Convention refugee nor a person in need of protection.

Citation
MA5-05793
Parties
Claimant: XXXXX XXXXX (a.k.a. XXXXX XXXXX); Claimant's Counsel: Gordon Wiseman; Refugee Protection Officer: Cristian Jadue; Panel Member / Decision Maker: Sajjad Randhawa
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 May 2007
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Credibility Assessment, Detention, Well Founded Fear, Convention Refugee Determination, Country Conditions (sri Lanka)
Source Language
English
Immigration and Refugee Law Administrative Law Credibility Assessment Detention Well Founded Fear Convention Refugee Determination Country Conditions (sri Lanka)

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Parties

XXXXX XXXXX (a.k.a. XXXXX XXXXX)

Claimant

Gordon Wiseman

Claimant's Counsel

Cristian Jadue

Refugee Protection Officer

Sajjad Randhawa

Panel Member / Decision Maker

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant's testimony is credible
  2. 2 Whether the claimant established whereabouts since 2004
  3. 3 Whether the claimant has a well-founded fear of persecution

Ratio Decidendi

Claim rejected because the panel found the claimant not credible, concluded he failed to establish his whereabouts since 2004 and therefore failed to prove a well-founded fear of persecution; consequently he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.

Orders

  • Refugee protection claim rejected.