TA8-14153

TA8-14153

On the balance of probabilities the claimant failed to establish lack of state protection in the Republic of Korea and his testimony and documentary evidence were not credible or trustworthy; therefore he failed to prove a serious possibility of persecution or risk warranting refugee protection.

Source-derived case information.

Citation
TA8-14153
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Government of Canada (Minister)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 March 2010
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
State Protection, Credibility, Persecution, Extortion, Fraudulent Claim, Loan Sharks, Need for Protection
Source Language
english
Immigration Law Refugee Law Administrative Law State Protection Credibility Persecution Extortion Fraudulent Claim +2 more

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Summary, issues, holding and outcome

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Parties

XXXXX XXXXX XXXXX

Claimant

Government of Canada (Minister)

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or person in need of protection
  2. 2 Whether state protection was available in the Republic of Korea
  3. 3 Credibility of claimant's testimony and documentary evidence

Ratio Decidendi

On the balance of probabilities the claimant failed to establish lack of state protection in the Republic of Korea and his testimony and documentary evidence were not credible or trustworthy; therefore he failed to prove a serious possibility of persecution or risk warranting refugee protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Refugee Protection Division rejects the refugee protection claim