VA7-00432

VA7-00432

On the balance of probabilities the claimant's evidence is not credible due to fundamental inconsistencies and evasive demeanour, there is no credible evidence of past persecution or personal risk on return, the summons card is unauthenticated in a context where fraudulent documents are common, and the medical and psychological evidence does not establish a risk of torture or cruel treatment; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
VA7-00432
Parties
Claimant / Asylum Seeker: XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 November 2008
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (final)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Need for Protection, Credibility Assessment, Risk of Persecution, Torture, Vulnerable Person Procedures, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Need for Protection Credibility Assessment Risk of Persecution Torture +2 more

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Parties

XXXXX

Claimant / Asylum Seeker

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (final)

Legal Issues

  1. 1 Whether claimant has a well‑founded fear of persecution for a Convention ground (religion)
  2. 2 Whether claimant is a person in need of protection (risk to life, risk of cruel and unusual treatment)
  3. 3 Credibility of claimant's testimony and documents

Ratio Decidendi

On the balance of probabilities the claimant's evidence is not credible due to fundamental inconsistencies and evasive demeanour, there is no credible evidence of past persecution or personal risk on return, the summons card is unauthenticated in a context where fraudulent documents are common, and the medical and psychological evidence does not establish a risk of torture or cruel treatment; therefore the claimant is neither 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

  • Claim dismissed
  • No protection granted; removal to China is permitted