TA6-07432

TA6-07432

The claimant's material omissions, inconsistent statements, and unreliable documentary evidence destroyed her credibility on the balance of probabilities, so she failed to prove a well-founded fear of persecution or personal risk of torture or cruel and unusual treatment; therefore the claim is rejected and found to have no credible basis under s.107(2) IRPA.

Citation
TA6-07432
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: L. Heathfield; Member: Joanna Bedard
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 January 2007
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant found not to be a Convention refugee and not to be a person in need of protection; no credible basis for the claim under s.107(2) IRPA.
Legal Topics
Domestic Violence, Credibility Assessment, Convention Refugee Status, S.97 Protection, Torture Risk, Gender Based Persecution, Evidence and Omissions
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Domestic Violence Credibility Assessment Convention Refugee Status S.97 Protection +3 more

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Parties

XXXXX XXXXX

Claimant

L. Heathfield

Refugee Protection Officer

Joanna Bedard

Member

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee with a well-founded fear of persecution
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA (risk to life or cruel and unusual treatment)
  3. 3 Whether claimant faces a danger of torture on return

Ratio Decidendi

The claimant's material omissions, inconsistent statements, and unreliable documentary evidence destroyed her credibility on the balance of probabilities, so she failed to prove a well-founded fear of persecution or personal risk of torture or cruel and unusual treatment; therefore the claim is rejected and found to have no credible basis under s.107(2) IRPA.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not to be a person in need of protection; no credible basis for the claim under s.107(2) IRPA.

Orders

  • Refugee claim dismissed
  • Panel finds no credible basis for the claim under subsection 107(2) of the IRPA