TA6-14717

TA6-14717

Panel found insufficient credible or trustworthy evidence to exclude claimant under Article 1F(a) and, on negative credibility findings, determined the alleged incidents did not probably occur; therefore claimant is not a Convention refugee nor at risk of torture or cruel and unusual treatment and the claim was rejected.

Citation
TA6-14717
Parties
Claimant/asylum Seeker: XXXXX XXXXX; Respondent/minister: Minister of Citizenship and Immigration (representative)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 March 2010
Procedural Posture
Refugee Protection Claim; Exclusion Assessment Under Article 1 F(a) / Hearing and Determination; Reasons and Decision (final)
Outcome
Claim rejected; claimant not excluded under Article 1F(a) but not found to be a Convention refugee nor in need of protection
Legal Topics
Exclusion (article 1 F(a)), Credibility, Persecution, Torture, Arrest and Detention, Political Opinion, Ethnicity (kurdish), Religion (alevi), Gender Related Persecution
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Criminal Law (exclusion) Exclusion (article 1 F(a)) Credibility Persecution +6 more

Case Brief

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Parties

XXXXX XXXXX

Claimant/asylum Seeker

Minister of Citizenship and Immigration (representative)

Respondent/minister

Procedural Posture

Refugee Protection Claim; Exclusion Assessment Under Article 1 F(a) / Hearing and Determination; Reasons and Decision (final)

Legal Issues

  1. 1 Whether claimant should be excluded from refugee protection under Article 1F(a) for alleged association with terrorist organizations
  2. 2 Credibility of the claimant's testimony and documentary evidence
  3. 3 Subjective and objective components of a well-founded fear of persecution

Ratio Decidendi

Panel found insufficient credible or trustworthy evidence to exclude claimant under Article 1F(a) and, on negative credibility findings, determined the alleged incidents did not probably occur; therefore claimant is not a Convention refugee nor at risk of torture or cruel and unusual treatment and the claim was rejected.

Court Disposition

Claim rejected; claimant not excluded under Article 1F(a) but not found to be a Convention refugee nor in need of protection

Orders

  • Claim rejected
  • No exclusion finding under Article 1F(a) due to insufficient evidence