MA8-10571

MA8-10571

The panel found the claimant's testimony not credible due to central contradictions and omissions and implausible explanations; because the claimant failed to demonstrate a serious possibility of persecution or a balance of probabilities risk of torture/death/cruel treatment on return, the claim for Convention refugee status and for protection under s.97(1) is rejected.

Citation
MA8-10571
Parties
Claimant: XXXXX XXXXX; Respondent/minister: Minister of Citizenship and Immigration (Respondent); Decision Maker: Refugee Protection Division Panel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 April 2009
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Final Decision Following Hearing (hearing March 10, 2009; Decision April 20, 2009)
Outcome
Claim for refugee protection rejected; claimant not a Convention refugee and not a person in need of protection
Legal Topics
Sexual Orientation, Gender Based Persecution, Credibility Assessment, Convention Refugee Determination, Risk of Torture, Failure to Seek Protection in Safe Third Countries, Humanitarian and Compassionate Considerations
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Sexual Orientation Gender Based Persecution Credibility Assessment Convention Refugee Determination +3 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration (Respondent)

Respondent/minister

Refugee Protection Division Panel

Decision Maker

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Final Decision Following Hearing (hearing March 10, 2009; Decision April 20, 2009)

Legal Issues

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

Ratio Decidendi

The panel found the claimant's testimony not credible due to central contradictions and omissions and implausible explanations; because the claimant failed to demonstrate a serious possibility of persecution or a balance of probabilities risk of torture/death/cruel treatment on return, the claim for Convention refugee status and for protection under s.97(1) is rejected.

Court Disposition

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