TA5-03647

TA5-03647

Because the claimant's account contains material inconsistencies, significant omissions and implausible explanations on key matters (detentions, employment termination, visa application, passport renewal and exit from Ethiopia), the panel concluded the claimant is not credible on the central issues and therefore there is not a serious possibility of persecution; claim is dismissed and no protection under section 97 IRPA is warranted.

Citation
TA5-03647
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 July 2006
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Refugee protection claim rejected; claimant is neither a Convention refugee nor a person in need of protection under section 97 IRPA.
Legal Topics
Convention Refugee, Political Opinion, Membership in Particular Social Group, Credibility, Detention, Torture, Sexual Assault, Persecution, Section 97 IRPA, Passport Renewal, Visas, Employment, Gender Based Persecution, Post Traumatic Stress Disorder
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee Political Opinion Membership in Particular Social Group Credibility +10 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under section 97 IRPA
  3. 3 Credibility and plausibility of claimant's account of detention, torture and rape

Ratio Decidendi

Because the claimant's account contains material inconsistencies, significant omissions and implausible explanations on key matters (detentions, employment termination, visa application, passport renewal and exit from Ethiopia), the panel concluded the claimant is not credible on the central issues and therefore there is not a serious possibility of persecution; claim is dismissed and no protection under section 97 IRPA is warranted.

Court Disposition

Refugee protection claim rejected; claimant is neither a Convention refugee nor a person in need of protection under section 97 IRPA.

Orders

  • Refugee protection claim rejected; no protection granted under the Immigration and Refugee Protection Act