TA8-12729

TA8-12729

The panel rejected the claimant's claim because it found the core aspects of her account not credible and there was no objective evidentiary basis (documentary or corroborative) to establish a well-founded fear of persecution by the FARC or others; therefore she is not a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.

Citation
TA8-12729
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 August 2009
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Reasons/decision
Outcome
Claim dismissed
Legal Topics
Credibility Assessment, Convention Refugee Determination, Well Founded Fear, Country Conditions (colombia), Gender Guidelines, Documentary Evidence, FARC and Armed Groups
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Well Founded Fear Country Conditions (colombia) Gender Guidelines +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Reasons/decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1) IRPA
  3. 3 Credibility of claimant's account and evidentiary sufficiency

Ratio Decidendi

The panel rejected the claimant's claim because it found the core aspects of her account not credible and there was no objective evidentiary basis (documentary or corroborative) to establish a well-founded fear of persecution by the FARC or others; therefore she is not a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed; claimant is not a Convention refugee under section 96 IRPA and is not a person in need of protection under section 97(1) IRPA.