MA6-01555

MA6-01555

The claimant's testimony contained significant omissions and inconsistencies that rendered it not credible; moreover, even if aspects were accepted, the claimant failed to rebut the presumption that Mexico could provide effective protection, so he is neither a Convention refugee nor a person in need of protection under ss.96–97 IRPA.

Citation
MA6-01555
Parties
Claimant: XXXXX XXXXX XXXXX; Decision Maker/panel: Sylvie Lévesque; Refugee Protection Officer: Michel Byczak
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 January 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)
Outcome
Claim for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Sexual Orientation, Credibility Assessment, State Protection, Convention Refugee Status, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Human Rights Law Sexual Orientation Credibility Assessment State Protection Convention Refugee Status Person in Need of Protection

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Sylvie Lévesque

Decision Maker/panel

Michel Byczak

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97 IRPA
  3. 3 Credibility of the claimant's testimony and omissions

Ratio Decidendi

The claimant's testimony contained significant omissions and inconsistencies that rendered it not credible; moreover, even if aspects were accepted, the claimant failed to rebut the presumption that Mexico could provide effective protection, so he is neither a Convention refugee nor a person in need of protection under ss.96–97 IRPA.

Court Disposition

Claim for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Claim for refugee protection rejected