MB3-04364
On the balance of evidence the panel concluded the claimant suffered discrimination rather than persecution and therefore did not meet the definitions of a Convention refugee or a person in need of protection under ss.96 and 97(1) IRPA; the claim was rejected.
- Citation
- MB3-04364
- Parties
- Claimant: XXXX XXXX; Respondent: Minister (Canada)
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 16 May 2014
- Procedural Posture
- Refugee Protection Claim / Hearing and Decision
- Outcome
- Refugee protection claims rejected
- Legal Topics
- Convention Refugee, Person in Need of Protection, Persecution Vs. Discrimination, Credibility Assessment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Claimant
Minister (Canada)
Respondent
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Legal Issues
- 1 Whether claimant is a Convention refugee under s.96 IRPA
- 2 Whether claimant is a person in need of protection under s.97(1) IRPA
- 3 Credibility of the claimant's testimony
Ratio Decidendi
On the balance of evidence the panel concluded the claimant suffered discrimination rather than persecution and therefore did not meet the definitions of a Convention refugee or a person in need of protection under ss.96 and 97(1) IRPA; the claim was rejected.
Court Disposition
Refugee protection claims rejected
Orders
- Claims for refugee protection are rejected
Full Case Text
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