TA5-11319

The claim is rejected because, on a balance of probabilities, the claimant was found not credible due to inconsistent testimony, omissions, and implausible timelines and the corroborative documents and medical report do not overcome those credibility deficiencies; consequently she failed to demonstrate a serious possibility of persecution under ss.96 and 97 IRPA.

Citation: TA5-11319
Parties: Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 23 March 2007
Procedural Posture: Refugee Protection Claim / Decision (refugee Protection Division)
Outcome: Claim rejected pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act
Legal Topics: Domestic Violence, Credibility Assessment, Persecution Risk, Gender Related Persecution
Source Language: English

Immigration Refugee Law Family Violence Domestic Violence Credibility Assessment Persecution Risk Gender Related Persecution

Case Brief

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2

Parties

XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

1 Whether the claimant's testimony is credible
2 Whether the claimant faces a serious possibility of persecution from her ex-common-law partner
3 Whether the available corroboration and medical report offset credibility concerns

Ratio Decidendi

Court Disposition

Claim rejected pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act

Orders

Refugee Protection Division rejects the claim pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act