TA8-14349

TA8-14349

Claim dismissed because the panel found the claimant not credible, the claimant failed to provide corroboration or to reasonably pursue available state protection, the psychiatric report was insufficient to cure credibility deficits, and on the balance of probabilities there is no substantial risk of torture, risk to life, or cruel and unusual treatment if returned to Palestine.

Citation
TA8-14349
Parties
Claimant: XXXX XXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 April 2011
Procedural Posture
Refugee Protection Claim / Decision (reasons for Decision)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Imputed Political Opinion, Credibility, State Protection, Risk of Torture, Psychiatric Evidence, Post Traumatic Stress Disorder
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law Human Rights Convention Refugee Imputed Political Opinion Credibility State Protection +3 more

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Parties

XXXX XXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Credibility of claimant's testimony
  3. 3 Whether claimant has a nexus to a Convention ground (imputed political opinion)

Ratio Decidendi

Claim dismissed because the panel found the claimant not credible, the claimant failed to provide corroboration or to reasonably pursue available state protection, the psychiatric report was insufficient to cure credibility deficits, and on the balance of probabilities there is no substantial risk of torture, risk to life, or cruel and unusual treatment if returned to Palestine.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection