MB3-02946

MB3-02946

The panel found the claimant not credible due to major omissions and contradictions between his CBSA interview and his Basis of Claim, and on the evidence discrimination faced by Palestinian refugees in Lebanon did not amount to persecution nor did the claimant establish a personal risk of torture, death or cruel and unusual treatment; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
MB3-02946
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2013
Procedural Posture
Refugee Protection Claim Under IRPA S.96 / Hearing and Decision (merits)
Outcome
Claim for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Persecution, Statelessness, Palestinian Refugees in Lebanon
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Persecution Statelessness +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA S.96 / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under IRPA s.96
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant's allegations that Hamas threatened him are credible

Ratio Decidendi

The panel found the claimant not credible due to major omissions and contradictions between his CBSA interview and his Basis of Claim, and on the evidence discrimination faced by Palestinian refugees in Lebanon did not amount to persecution nor did the claimant establish a personal risk of torture, death or cruel and unusual treatment; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee protection claim of XXXX XXXX is rejected