MA7-02544

MA7-02544

The panel found the claimant's account riddled with material inconsistencies and implausibilities regarding his role, activities and knowledge while serving in a specialized unit; those credibility failures meant the Minister's allegations were not rebutted and the claimant was excluded from refugee protection under Articles 1(F)(a) and 1(F)(c).

Citation
MA7-02544
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 October 2008
Procedural Posture
Refugee Protection Exclusion Determination Under Article 1(f) of the 1951 Convention / Decision on Exclusion Following Hearing
Outcome
Claimant excluded from refugee protection under Article 1(F)(a) and 1(F)(c) of the 1951 Convention; refugee protection claim refused.
Legal Topics
Exclusion (article 1 F), Credibility Assessment, Persecution, Risk of Torture, Failure to Disassociate
Source Language
English
Immigration Law Refugee Law Human Rights Criminal Law Exclusion (article 1 F) Credibility Assessment Persecution Risk of Torture +1 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Exclusion Determination Under Article 1(f) of the 1951 Convention / Decision on Exclusion Following Hearing

Legal Issues

  1. 1 Whether the claimant committed acts referred to in Article 1(F)(a) and 1(F)(c) of the 1951 Refugee Convention
  2. 2 Whether the claimant's testimony is credible and sufficient to rebut the Minister's allegations
  3. 3 Whether evidence and country conditions support exclusion

Ratio Decidendi

The panel found the claimant's account riddled with material inconsistencies and implausibilities regarding his role, activities and knowledge while serving in a specialized unit; those credibility failures meant the Minister's allegations were not rebutted and the claimant was excluded from refugee protection under Articles 1(F)(a) and 1(F)(c).

Court Disposition

Claimant excluded from refugee protection under Article 1(F)(a) and 1(F)(c) of the 1951 Convention; refugee protection claim refused.

Orders

  • Claimant excluded from the definition of refugee under Articles 1(F)(a) and 1(F)(c) of the 1951 Convention; refugee protection claim dismissed.