MA8-07817

MA8-07817

The panel rejected the claim because it found key elements of the claimant's account not credible, the claimant failed to prove that persecutory acts were linked to a Convention ground or that state protection was unavailable, and therefore she did not establish a serious possibility of persecution nor a balance of probabilities risk of torture, death or cruel and unusual treatment if returned.

Citation
MA8-07817
Parties
Claimant: XXXXXXXXXXXXXXXXXXXX; Adjudicator: Viviane Ducheine; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 September 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (refusal)
Outcome
Refused
Legal Topics
Convention Refugee, Credibility, Persecution, Risk of Torture, State Protection, Non State Actors, Kidnapping, Harassment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility Persecution Risk of Torture State Protection +3 more

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Parties

XXXXXXXXXXXXXXXXXXXX

Claimant

Viviane Ducheine

Adjudicator

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (refusal)

Legal Issues

  1. 1 Whether the claimant meets the definition of a Convention refugee under s.96 and s.97(1)(b) IRPA
  2. 2 Whether the claimant faces a personal risk of torture, death or cruel and unusual treatment if returned
  3. 3 Whether the claimant's evidence is credible and meets the required evidentiary burden

Ratio Decidendi

The panel rejected the claim because it found key elements of the claimant's account not credible, the claimant failed to prove that persecutory acts were linked to a Convention ground or that state protection was unavailable, and therefore she did not establish a serious possibility of persecution nor a balance of probabilities risk of torture, death or cruel and unusual treatment if returned.

Court Disposition

Refused

Orders

  • Refugee protection claim rejected; claimant is not a Convention refugee or a person in need of protection