VA5-01789

VA5-01789

The claimant's testimony and documentary evidence were found not credible or insufficiently corroborated, and the incidents described do not establish a well-founded fear of persecution or a more-likely-than-not risk of torture or cruel or unusual treatment on return; therefore the claimant is not a Convention refugee nor a person in need of protection.

Citation
VA5-01789
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 December 2007
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing and Decision (final Determination)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, Credibility Assessment, Risk of Torture, Discrimination
Source Language
English
Refugee Law Immigration Human Rights Administrative Law Convention Refugee Person in Need of Protection Political Opinion Credibility Assessment +2 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing and Decision (final Determination)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under Canadian law
  2. 2 Whether the claimant is a person in need of protection (risk of torture, risk to life, cruel or unusual treatment)
  3. 3 Assessment of claimant credibility and corroboration

Ratio Decidendi

The claimant's testimony and documentary evidence were found not credible or insufficiently corroborated, and the incidents described do not establish a well-founded fear of persecution or a more-likely-than-not risk of torture or cruel or unusual treatment on return; therefore the claimant is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.

Orders

  • Refugee protection claim dismissed.