TA6-12280

TA6-12280

The claim was dismissed because on a balance of probabilities the tribunal found the claimant's account of PSB pursuit not plausible or credible, lacking corroboration and inconsistent with expected PSB conduct, and therefore she failed to establish a serious possibility of persecution or a risk of torture or cruel and unusual treatment.

Citation
TA6-12280
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Persecution of Family Members, Political Opposition, Credibility Assessment, Risk of Torture or Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Protection Administrative Law Persecution of Family Members Political Opposition Credibility Assessment Risk of Torture or Cruel and Unusual Treatment

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing

Legal Issues

  1. 1 Credibility of claimant's allegation of pursuit by the Public Security Bureau
  2. 2 Whether claimant qualifies as a Convention refugee
  3. 3 Whether claimant is a person in need of protection under s.97 IRPA

Ratio Decidendi

The claim was dismissed because on a balance of probabilities the tribunal found the claimant's account of PSB pursuit not plausible or credible, lacking corroboration and inconsistent with expected PSB conduct, and therefore she failed to establish a serious possibility of persecution or a risk of torture or cruel and unusual treatment.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.