TA5-07495
The claimant's account was found not credible and the alleged loan, lender and threats were not established; therefore the claimant failed to show a well‑founded fear of persecution on a Convention ground or that removal would expose him personally to a risk of torture or cruel and unusual treatment, and the claim is rejected.
- Citation
- TA5-07495
- Parties
- Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: N/A
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 21 June 2006
- Procedural Posture
- Refugee Protection Claim / Decision at Refugee Protection Hearing
- Outcome
- Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
- Legal Topics
- Refugee Protection, Convention Refugee, Credibility Assessment, Risk of Torture, Non‑refoulement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX XXXXX
Claimant
N/A
Refugee Protection Officer
Procedural Posture
Refugee Protection Claim / Decision at Refugee Protection Hearing
Legal Issues
- 1 Whether the claimant is a Convention refugee
- 2 Whether the claimant is a person in need of protection
- 3 Credibility of claimant's account regarding loan and threats
Ratio Decidendi
The claimant's account was found not credible and the alleged loan, lender and threats were not established; therefore the claimant failed to show a well‑founded fear of persecution on a Convention ground or that removal would expose him personally to a risk of torture or cruel and unusual treatment, and the claim is rejected.
Court Disposition
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
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