MB0-00271

MB0-00271

The claimant's protection claim is rejected because the panel found his testimony and documentary evidence not credible or probative on essential elements (identity, political activity, presence at the stadium, detention and escape) and medical evidence inconsistent; therefore he failed to establish a serious possibility of persecution or, on balance of probabilities, a risk of torture or cruel and unusual treatment if returned to Guinea.

Citation
MB0-00271
Parties
Claimant: XXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 October 2011
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 97 / Final Decision Following RPD Hearing
Outcome
Refugee protection claim rejected
Legal Topics
Credibility Assessment, Persecution on Political Grounds, Risk of Torture, Change in Country Conditions, Identity/documentary Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Law Credibility Assessment Persecution on Political Grounds Risk of Torture Change in Country Conditions Identity/documentary Evidence

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Parties

XXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 97 / Final Decision Following RPD Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Credibility and identity of claimant

Ratio Decidendi

The claimant's protection claim is rejected because the panel found his testimony and documentary evidence not credible or probative on essential elements (identity, political activity, presence at the stadium, detention and escape) and medical evidence inconsistent; therefore he failed to establish a serious possibility of persecution or, on balance of probabilities, a risk of torture or cruel and unusual treatment if returned to Guinea.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim rejected