TA9-02127

TA9-02127

The panel rejected the claim because the claimant failed to prove his identity on a balance of probabilities and his testimony was cumulatively lacking in credibility and internally contradictory; without credible identity and reliable testimony the panel could not find a serious possibility of persecution or personal risk and therefore denied refugee protection.

Citation
TA9-02127
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent (minister): Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 May 2010
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision
Outcome
Claim rejected
Legal Topics
Refugee Protection, Convention Refugee, Identity, Credibility, Persecution Risk, Religion Based Persecution, Military Conscription, Document Authenticity
Source Language
English
Immigration Refugee Law Administrative Law Evidence Human Rights Refugee Protection Convention Refugee Identity +5 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration (Canada)

Respondent (minister)

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision

Legal Issues

  1. 1 Identity of claimant
  2. 2 Credibility of testimony
  3. 3 Serious possibility of persecution on basis of religion

Ratio Decidendi

The panel rejected the claim because the claimant failed to prove his identity on a balance of probabilities and his testimony was cumulatively lacking in credibility and internally contradictory; without credible identity and reliable testimony the panel could not find a serious possibility of persecution or personal risk and therefore denied refugee protection.

Court Disposition

Claim rejected

Orders

  • Claim rejected; no refugee protection granted under sections 96 and 97(1) of IRPA