TA6-14920

The panel rejected the claimant's testimony as unreliable and not credible due to material inconsistencies, implausible factual assertions, evasive answers and unexplained delay and failure to seek protection in transit countries; therefore the claimant does not meet the definition of a Convention refugee nor is a person described in s.97 IRPA.

Citation: TA6-14920
Parties: Claimant (asylum Seeker): XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 8 January 2009
Procedural Posture: Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing
Outcome: Claim dismissed; claimant is neither a Convention refugee nor a person described in Section 97 of the Immigration and Refugee Protection Act.
Legal Topics: Convention Refugee, Section 97 (irpa), Credibility Assessment, Victim of Criminality, Ethnic Origin
Source Language: English

Immigration Refugee Law Convention Refugee Section 97 (irpa) Credibility Assessment Victim of Criminality Ethnic Origin

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Parties

XXXXX XXXXX XXXXX

Claimant (asylum Seeker)

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing

Legal Issues

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

Ratio Decidendi

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person described in Section 97 of the Immigration and Refugee Protection Act.