MA5-05771

MA5-05771

Claim dismissed because claimant's testimony was inconsistent and uncorroborated and documentary country evidence did not establish a reasonable chance that an ordinary UNP volunteer like the claimant would be personally subjected to persecution, torture or death; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
MA5-05771
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 April 2006
Procedural Posture
Refugee Protection (convention Refugee Claim) / Decision on Refugee Protection Claim
Outcome
Claim rejected
Legal Topics
Convention Refugee, Risk of Torture, Political Opinion, Credibility, Well‑founded Fear, Objective Evidence
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Risk of Torture Political Opinion Credibility Well‑founded Fear +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (convention Refugee Claim) / Decision on Refugee Protection Claim

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant faces a personal risk of torture or risk to life on return
  3. 3 Credibility and corroboration of claimant's account

Ratio Decidendi

Claim dismissed because claimant's testimony was inconsistent and uncorroborated and documentary country evidence did not establish a reasonable chance that an ordinary UNP volunteer like the claimant would be personally subjected to persecution, torture or death; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected

Orders

  • Claim rejected; claimant is not a Convention refugee and is not a person in need of protection; removal to Sri Lanka may proceed