TA3-00703
The panel concluded the claimant was not credible and failed to establish on the balance of probabilities a well-founded fear of persecution for a Convention ground or a need for protection under IRPA; therefore the claim is rejected.
- Citation
- TA3-00703
- Parties
- Claimant: XXXXX XXXXX; Refugee Protection Officer: B. Roberts; Decision Maker (refugee Protection Division): Sarwanjit Randhawa
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 25 November 2004
- Procedural Posture
- Refugee Protection Claim Under IRPA Ss.96 97 / Hearing and Final Decision
- Outcome
- Claim rejected; claimant is not a Convention refugee and is not a person in need of protection.
- Legal Topics
- Political Opinion, Political Opposition, Credibility, Burden of Proof, Documentary Evidence, Disclosure, Adjournment, Protection Needs, Pakistan Country Conditions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX
Claimant
B. Roberts
Refugee Protection Officer
Sarwanjit Randhawa
Decision Maker (refugee Protection Division)
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 97 / Hearing and Final Decision
Legal Issues
- 1 Whether claimant is a Convention refugee within meaning of IRPA due to political opinion
- 2 Credibility and inconsistencies in testimony and documents
- 3 Whether claimant has a well-founded fear of persecution by PML(Q)
Ratio Decidendi
The panel concluded the claimant was not credible and failed to establish on the balance of probabilities a well-founded fear of persecution for a Convention ground or a need for protection under IRPA; therefore the claim is rejected.
Court Disposition
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection.
Full Case Text
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