VA8-04446

VA8-04446

The Panel rejected the claim because it found the claimant's allegations not credible due to material contradictions, implausible explanations for delay and failure to seek asylum in other countries, and concluded there was no more than a mere possibility of persecution or risk under s.97, therefore claimant is neither a Convention refugee nor a person in need of protection.

Citation
VA8-04446
Parties
Claimant: XXXXX XXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 August 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Hearing and Decision (reasons and Decision Dated 05 August 2010)
Outcome
Claimant is neither a Convention refugee nor a person in need of protection; claim rejected.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Political Opinion, Torture, Arbitrary Arrest and Detention, Delay in Leaving the Country, Failure to Seek Protection in Other Countries, Contradictions in Testimony
Source Language
English
Immigration and Refugee Law Human Rights Law Convention Refugee Person in Need of Protection Credibility Assessment Political Opinion Torture Arbitrary Arrest and Detention +3 more

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Parties

XXXXX XXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Hearing and Decision (reasons and Decision Dated 05 August 2010)

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether claimant has well-founded fear of persecution for a Convention ground
  3. 3 Whether claimant faces risk of torture or arbitrary detention under section 97(1)

Ratio Decidendi

The Panel rejected the claim because it found the claimant's allegations not credible due to material contradictions, implausible explanations for delay and failure to seek asylum in other countries, and concluded there was no more than a mere possibility of persecution or risk under s.97, therefore claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claimant is neither a Convention refugee nor a person in need of protection; claim rejected.

Orders

  • Claim rejected