VA3-04056

VA3-04056

The adjudicator accepted the claimant's core account despite some credibility weaknesses, found a real risk of persecution in Iran on the basis of actual or perceived political opinion given his arrest, detention and involvement with student protesters, and therefore determined the claimant is a Convention refugee.

Citation
VA3-04056
Parties
Claimant: XXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 June 2004
Procedural Posture
Convention Refugee Claim (refugee Protection Division) / Hearing and Decision (hearing May 13, 2004; Decision June 7, 2004)
Outcome
Claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Political Opinion, Persecution, Credibility
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Political Opinion Persecution Credibility

Case Brief

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Parties

XXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Convention Refugee Claim (refugee Protection Division) / Hearing and Decision (hearing May 13, 2004; Decision June 7, 2004)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant faces a risk of persecution on the basis of political opinion
  3. 3 Assessment of claimant credibility and corroboration

Ratio Decidendi

The adjudicator accepted the claimant's core account despite some credibility weaknesses, found a real risk of persecution in Iran on the basis of actual or perceived political opinion given his arrest, detention and involvement with student protesters, and therefore determined the claimant is a Convention refugee.

Court Disposition

Claimant found to be a Convention refugee

Orders

  • Claimant determined to be a Convention refugee.