TA5-04587

TA5-04587

Claimant's evidence was found not credible due to significant omissions, inconsistencies and lack of corroboration; therefore she failed to establish a subjective fear of persecution as a Convention refugee and failed to establish on the balance of probabilities an objective risk under section 97 IRPA; claim rejected.

Citation
TA5-04587
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: D. Huard; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 March 2006
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Determination on Credibility and Protection Claim
Outcome
Refugee protection claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, State Protection, Particular Social Group, Persecution, Risk Assessment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility State Protection Particular Social Group +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

D. Huard

Refugee Protection Officer

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Determination on Credibility and Protection Claim

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether claimant's testimony is credible

Ratio Decidendi

Claimant's evidence was found not credible due to significant omissions, inconsistencies and lack of corroboration; therefore she failed to establish a subjective fear of persecution as a Convention refugee and failed to establish on the balance of probabilities an objective risk under section 97 IRPA; claim rejected.

Court Disposition

Refugee protection claim rejected

Orders

  • Claim for refugee protection is rejected
  • Claimant is not a Convention refugee and is not a person in need of protection under s.97 IRPA