MA8-04884

MA8-04884

The claimant's testimony was rejected as not credible due to material inconsistencies, implausible conduct, and a likely fabricated membership card; as a result he failed to discharge the burden of proof and the claim for refugee protection was denied.

Citation
MA8-04884
Parties
Claimant: XXXXX XXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 November 2010
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee Status, Person in Need of Protection, Credibility Assessment, Documentary Corroboration
Source Language
English
Immigration Law Refugee Law Evidence Law Convention Refugee Status Person in Need of Protection Credibility Assessment Documentary Corroboration

Case Brief

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Parties

XXXXX XXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee or person in need of protection
  2. 2 Whether claimant's testimony and documentary evidence are credible
  3. 3 Whether the claimant met the burden of proof

Ratio Decidendi

The claimant's testimony was rejected as not credible due to material inconsistencies, implausible conduct, and a likely fabricated membership card; as a result he failed to discharge the burden of proof and the claim for refugee protection was denied.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection.