TA3-10206

TA3-10206

The claimant's material inconsistencies and significant omissions between his PIF, intake notes and oral testimony render him not credible; absent credible evidence of a personal risk, he failed to prove a serious possibility of persecution or risk of torture on return and therefore is neither a Convention refugee nor a person in need of protection.

Citation
TA3-10206
Parties
Claimant: XXXXX XXXXX XXXXX; Counsel for Claimant: Shelly Levine; Refugee Protection Officer / Designated Representative: J. Dalrymple; Minister's Counsel: Murray Wilkinson; Decision Maker / Panel Member: S. Budaci
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 September 2005
Procedural Posture
Refugee Claim for Convention Refugee Status And/or Person in Need of Protection / Hearing and Determination
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Refugee Protection, Convention Refugee, Risk of Torture (cat), Credibility Assessment, Particular Social Group, Political Opinion
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Refugee Protection Convention Refugee Risk of Torture (cat) Credibility Assessment +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Shelly Levine

Counsel for Claimant

J. Dalrymple

Refugee Protection Officer / Designated Representative

Murray Wilkinson

Minister's Counsel

S. Budaci

Decision Maker / Panel Member

Procedural Posture

Refugee Claim for Convention Refugee Status And/or Person in Need of Protection / Hearing and Determination

Legal Issues

  1. 1 Whether claimant faces persecution for membership in a particular social group (supporter/harbourer of Falun Gong)
  2. 2 Whether claimant faces persecution for political opinion
  3. 3 Whether claimant faces risk of torture or cruel and unusual treatment on return

Ratio Decidendi

The claimant's material inconsistencies and significant omissions between his PIF, intake notes and oral testimony render him not credible; absent credible evidence of a personal risk, he failed to prove a serious possibility of persecution or risk of torture on return and therefore is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.