MA6-03370

MA6-03370

The claimant's testimony was not credible on material elements, documentary evidence was unpersuasive or implausible, he failed to rebut the presumption of available state protection and a viable internal flight alternative exists; therefore there is not a serious possibility of persecution or risk of torture on return and the claim is rejected.

Citation
MA6-03370
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 August 2007
Procedural Posture
Refugee Protection Claim (convention Refugee/person in Need of Protection) / RPD Hearing and Decision
Outcome
Claimant's refugee claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Credibility, State Protection, Internal Flight Alternative, Detention, Torture, Delay, Political Opinion, Imputed Political Opinion
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility State Protection Internal Flight Alternative Detention Torture +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee/person in Need of Protection) / RPD Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Credibility of claimant's allegations
  3. 3 Whether state protection in India is available and effective

Ratio Decidendi

The claimant's testimony was not credible on material elements, documentary evidence was unpersuasive or implausible, he failed to rebut the presumption of available state protection and a viable internal flight alternative exists; therefore there is not a serious possibility of persecution or risk of torture on return and the claim is rejected.

Court Disposition

Claimant's refugee claim rejected; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refugee claim dismissed; no protection granted