MA9-08248

MA9-08248

The panel rejected the claim because it found the claimant not credible due to material contradictions and implausibilities, gave no probative weight to supporting documents, and concluded she did not establish a serious possibility of persecution on a Convention ground nor a balance of probabilities risk of torture, death or cruel and unusual treatment if returned to Mexico.

Citation
MA9-08248
Parties
Claimant: XXXXX XXXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 September 2011
Procedural Posture
Refugee Protection Claim / Decision (merits)
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Harassment, Threats, Sexual Assault, Credibility Assessment, Asylum Claim Rejection
Source Language
English
Immigration Refugee Law Gender Related Persecution Harassment Threats Sexual Assault Credibility Assessment Asylum Claim Rejection

Case Brief

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Parties

XXXXX XXXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (merits)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Credibility of claimant's testimony

Ratio Decidendi

The panel rejected the claim because it found the claimant not credible due to material contradictions and implausibilities, gave no probative weight to supporting documents, and concluded she did not establish a serious possibility of persecution on a Convention ground nor a balance of probabilities risk of torture, death or cruel and unusual treatment if returned to Mexico.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection.