TA5-10622

TA5-10622

Claimant's testimony contained multiple material inconsistencies and was not corroborated by credible documentary evidence; on balance of probabilities the claimant was not credible and therefore there is no serious possibility of persecution or risk of torture on return, so the claim is rejected.

Citation
TA5-10622
Parties
Claimant: XXXXX XXXXX; Decision Maker: Joanna Bedard; Refugee Protection Officer: H. Adamidis
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 July 2006
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection
Legal Topics
Political Opposition, Credibility Assessment, Convention Refugee Status, Risk of Torture and Cruel Treatment, Documentary Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Political Opposition Credibility Assessment Convention Refugee Status Risk of Torture and Cruel Treatment Documentary Evidence

Case Brief

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Parties

XXXXX XXXXX

Claimant

Joanna Bedard

Decision Maker

H. Adamidis

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant faces a personal risk to life or cruel and unusual treatment on return
  3. 3 Whether there is a serious possibility of torture on return

Ratio Decidendi

Claimant's testimony contained multiple material inconsistencies and was not corroborated by credible documentary evidence; on balance of probabilities the claimant was not credible and therefore there is no serious possibility of persecution or risk of torture on return, so the claim is rejected.

Court Disposition

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

Orders

  • Refugee protection claim denied; no protection orders granted