MA4-01643

MA4-01643

The panel found the claimant's testimony irreparably undermined by multiple material contradictions and contradicted by credible documentary evidence; because the claimant was found entirely not credible, he failed to establish a well‑founded fear of persecution or a risk to life or cruel and unusual treatment on return, and therefore his claim must be rejected under ss.96 and 97(1) of the Act.

Citation
MA4-01643
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 September 2005
Procedural Posture
Refugee Protection Claim / Decision at Refugee Protection Division
Outcome
Refugee protection claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Persecution (race, Political Opinion), Arbitrary Arrest and Detention, Deportation, Convention Refugee, Person in Need of Protection, Country Conditions Afghanistan
Source Language
English
Immigration Law Refugee Law International Human Rights Law Credibility Assessment Persecution (race, Political Opinion) Arbitrary Arrest and Detention Deportation Convention Refugee +2 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether the claimant is a person in need of protection under s.97(1) of the Immigration and Refugee Protection Act
  3. 3 Whether contradictions and documentary evidence undermine the claimant's credibility

Ratio Decidendi

The panel found the claimant's testimony irreparably undermined by multiple material contradictions and contradicted by credible documentary evidence; because the claimant was found entirely not credible, he failed to establish a well‑founded fear of persecution or a risk to life or cruel and unusual treatment on return, and therefore his claim must be rejected under ss.96 and 97(1) of the Act.

Court Disposition

Refugee protection claim rejected; claimant found neither a Convention refugee nor a person in need of protection

Orders

  • Refugee protection claim rejected