TA6-14710

Claim rejected because the panel found the claimant not credible on balance of probabilities: his account contained implausibilities and omissions, country documents did not support that he matched profiles of those persecuted, medical and psychiatric reports did not reliably corroborate torture and in fact indicated delusions, and his ability to leave Jordan undermined claimed risk; therefore he is neither a Convention refugee nor a person in need of protection.

Citation: TA6-14710
Parties: Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 2 December 2009
Procedural Posture: Refugee Protection Claim Under IRPA / Hearing and Decision
Outcome: Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics: Convention Refugee, Protection Claim, Credibility Assessment, Risk of Torture, Medical and Psychological Evidence, Country Conditions, Disclosure Rules, Personal Information Form, Detention, Political Opposition, Visa/visitor Status
Source Language: English

Immigration Refugee Law Human Rights Administrative Law Convention Refugee Protection Claim Credibility Assessment Risk of Torture +7 more

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Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2

Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision

Legal Issues

1 Whether claimant has a well-founded fear of persecution for a Convention reason
2 Whether claimant would face risk to life or cruel and unusual treatment on return
3 Whether there are substantial grounds to believe claimant would face torture on return

Ratio Decidendi

Court Disposition

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