VA8-03588
The claimant's testimony and supporting documents were found not wholly credible and lacked objective, trustworthy evidence of a serious possibility of persecution; given the change of circumstances with the claimant's political party in power, adequate state protection is available, therefore the claimant is neither a Convention refugee nor a person in need of protection.
- Citation
- VA8-03588
- Parties
- Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 16 July 2010
- Procedural Posture
- Refugee Protection Claim / Hearing and Decision
- Outcome
- Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
- Legal Topics
- Refugee Protection, Credibility Assessment, State Protection, Political Opinion, Political Opposition, Country Conditions, Document Authenticity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX XXXXX
Claimant
Minister
Respondent
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Legal Issues
- 1 Whether the claimant is a Convention refugee
- 2 Whether the claimant is a person in need of protection
- 3 Credibility of the claimant's testimony and documents
Ratio Decidendi
The claimant's testimony and supporting documents were found not wholly credible and lacked objective, trustworthy evidence of a serious possibility of persecution; given the change of circumstances with the claimant's political party in power, adequate state protection is available, therefore the claimant is neither a Convention refugee nor a person in need of protection.
Court Disposition
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Orders
- Claim rejected; protection claim dismissed.
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