TA4-01407

TA4-01407

On the balance of probabilities the claimant's core allegations were not credible or sufficiently corroborated, documentary and country evidence showed no basis for finding he was specifically targeted or wanted by police, family events were unrelated, and delay and other factors indicated an improper motive to remain; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
TA4-01407
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Refugee Protection Officer; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 September 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by the Refugee Protection Division
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, Credibility Assessment, Delay in Claiming, Corroboration and Production of Documents, Post Traumatic Stress Disorder
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Criminal Procedure Medical Evidence Convention Refugee Person in Need of Protection +5 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Refugee Protection Officer

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by the Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Whether claimant's evidence is credible and sufficiently corroborated

Ratio Decidendi

On the balance of probabilities the claimant's core allegations were not credible or sufficiently corroborated, documentary and country evidence showed no basis for finding he was specifically targeted or wanted by police, family events were unrelated, and delay and other factors indicated an improper motive to remain; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee protection claim denied; no protection granted.