MA6-06970

MA6-06970

The panel rejected the claimant's testimony as not credible due to material contradictions, implausibilities and questionable provenance of documents; as a result the claimant failed to establish a serious possibility of persecution on a Convention ground or, on the balance of probabilities, a risk of torture or cruel/unusual treatment, and the claim was dismissed.

Citation
MA6-06970
Parties
Claimant: XXXXX XXXXX; Panel Member / Decision‑maker: Me Ruth Delisle
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 August 2007
Procedural Posture
Refugee Protection (convention Refugee / Person in Need of Protection) / Hearing Concluded; Decision Rendered
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Gender Related Persecution, Domestic Violence, Marriage of Convenience, Credibility Assessment, Burden of Proof, Article 3 CAT / Risk of Torture
Source Language
English
Immigration and Refugee Protection Administrative Law Gender Based Violence Gender Related Persecution Domestic Violence Marriage of Convenience Credibility Assessment Burden of Proof +1 more

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Parties

XXXXX XXXXX

Claimant

Me Ruth Delisle

Panel Member / Decision‑maker

Procedural Posture

Refugee Protection (convention Refugee / Person in Need of Protection) / Hearing Concluded; Decision Rendered

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 of the IRPA
  3. 3 Whether claimant established credibility and discharged burden of proof

Ratio Decidendi

The panel rejected the claimant's testimony as not credible due to material contradictions, implausibilities and questionable provenance of documents; as a result the claimant failed to establish a serious possibility of persecution on a Convention ground or, on the balance of probabilities, a risk of torture or cruel/unusual treatment, and the claim was dismissed.

Court Disposition

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