MA9-10477

MA9-10477

Panel found claimant's testimony and documentary evidence not credible or genuine, identified material inconsistencies and implausibilities, concluded no nexus to a protected ground was established and that claimant failed to prove a serious risk under subsection 97(1); therefore claim for refugee protection is rejected.

Citation
MA9-10477
Parties
Claimant: XXXX XXXX; Claimant's Counsel: Me Stéphanie Valois; Decision Maker (panel Chair): Me Elaine Doyle; Tribunal Officer: Stéphane Morin; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 August 2012
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Final Decision at Refugee Protection Division
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Status, Person in Need of Protection (s97), Nexus to Protected Grounds, Document Authenticity, Organized Crime
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Person in Need of Protection (s97) Nexus to Protected Grounds Document Authenticity +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Me Stéphanie Valois

Claimant's Counsel

Me Elaine Doyle

Decision Maker (panel Chair)

Stéphane Morin

Tribunal Officer

N/A

Minister's Counsel

Procedural Posture

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

Legal Issues

  1. 1 Whether claimant is a Convention refugee or person in need of protection
  2. 2 Whether there is nexus between claimant's fear and a Convention ground
  3. 3 Whether claimant's testimony and documents are credible and genuine

Ratio Decidendi

Panel found claimant's testimony and documentary evidence not credible or genuine, identified material inconsistencies and implausibilities, concluded no nexus to a protected ground was established and that claimant failed to prove a serious risk under subsection 97(1); therefore claim for refugee protection is rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim rejected; no protection granted