VA2-00569

VA2-00569

The claim is dismissed because the claimant failed to provide credible and trustworthy evidence of his true identity and failed to prove essential elements of his story of forcible recruitment and individualized risk by the GIA; objective information indicated a generalized risk and available internal flight alternatives and state protection, therefore he is not a Convention refugee nor a person in need of protection.

Citation
VA2-00569
Parties
Claimant: XXXXXXXXXXXXXX; Claimant's Counsel: Nicole Hainer; Minister's Counsel: Cindy Comrie and Mona Chan; Refugee Protection Officer: A. Nash; Decision Maker: Barbara Hodgins
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 April 2004
Procedural Posture
Refugee Protection Claim Under IRPA / Refugee Protection Division Hearing and Decision
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Identity and Documentation, Credibility, Convention Refugee (s.96), Person in Need of Protection (s.97), State Protection, Internal Flight Alternative, Risk to Life, Torture and Cruel and Unusual Treatment, Generalized Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Identity and Documentation Credibility Convention Refugee (s.96) Person in Need of Protection (s.97) +5 more

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Parties

XXXXXXXXXXXXXX

Claimant

Nicole Hainer

Claimant's Counsel

Cindy Comrie and Mona Chan

Minister's Counsel

A. Nash

Refugee Protection Officer

Barbara Hodgins

Decision Maker

Procedural Posture

Refugee Protection Claim Under IRPA / Refugee Protection Division Hearing and Decision

Legal Issues

  1. 1 Personal identity and documentation
  2. 2 Credibility of claimant's testimony
  3. 3 Previous claims and re-availment

Ratio Decidendi

The claim is dismissed because the claimant failed to provide credible and trustworthy evidence of his true identity and failed to prove essential elements of his story of forcible recruitment and individualized risk by the GIA; objective information indicated a generalized risk and available internal flight alternatives and state protection, therefore he is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.

Orders

  • Claim dismissed; protection claim denied.