MA5-07291

MA5-07291

The claim is rejected because the claimant failed to establish identity and credibility due to fabricated documents and material contradictions, and consequently failed to demonstrate a well‑founded fear of persecution or status as a person in need of protection under ss.96 and 97(1) of the IRPA.

Citation
MA5-07291
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant's Counsel: Me Jamal Addine Fraygui; Refugee Protection Officer: Refugee Protection Officer; Designated Representative: N/A; Minister's Counsel: Réjean Théberge; Panel/decision Maker: Barbara Berger
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 August 2006
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision by Refugee Protection Division
Outcome
Claim for refugee protection rejected; not a Convention refugee and not a person in need of protection.
Legal Topics
Female Genital Mutilation, Credibility Assessment, Identity Documents Authenticity, Convention Refugee Status, Person in Need of Protection, Social Group (gender), State Protection, Nigeria
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Gender Based Asylum Female Genital Mutilation Credibility Assessment Identity Documents Authenticity +5 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Me Jamal Addine Fraygui

Claimant's Counsel

Refugee Protection Officer

Refugee Protection Officer

N/A

Designated Representative

Réjean Théberge

Minister's Counsel

Barbara Berger

Panel/decision Maker

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant's identity and documentary evidence are authentic and credible
  2. 2 Whether claimant has established a well-founded fear of persecution for a Convention ground
  3. 3 Whether claimant is a person in need of protection under s.97(1) of the IRPA

Ratio Decidendi

The claim is rejected because the claimant failed to establish identity and credibility due to fabricated documents and material contradictions, and consequently failed to demonstrate a well‑founded fear of persecution or status as a person in need of protection under ss.96 and 97(1) of the IRPA.

Court Disposition

Claim for refugee protection rejected; not a Convention refugee and not a person in need of protection.

Orders

  • Refugee protection claim of Ms. XXXXX XXXXX XXXXX is rejected.
  • No protection granted under Section 96 or Section 97(1) of the Immigration and Refugee Protection Act.