TA6-08439

TA6-08439

Because the claimant's account of religious belief and practice contained material inconsistencies and implausibilities and corroboration was unreliable, the tribunal found the claimant not credible and therefore not a Convention refugee nor a person in need of protection.

Citation
TA6-08439
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 September 2007
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision by Refugee Protection Division
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Freedom of Religion, Persecution for Religious Belief, Credibility Assessment, Convention Refugee Status, Person in Need of Protection
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Freedom of Religion Persecution for Religious Belief Credibility Assessment Convention Refugee Status +1 more

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Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee on the basis of religious belief
  2. 2 Whether the claimant is a person in need of protection at risk of torture or cruel and unusual treatment
  3. 3 Whether the claimant's evidence of membership in and practice of an underground Christian church is credible

Ratio Decidendi

Because the claimant's account of religious belief and practice contained material inconsistencies and implausibilities and corroboration was unreliable, the tribunal found the claimant not credible and therefore not a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.