MA8-10052

MA8-10052

Identity was established but material contradictions between the claimant's account and corroborating evidence (family statements, statutory declaration and documents) left the decision maker in doubt; claimant failed to discharge the onus to prove a serious possibility of persecution or a more‑likely‑than‑not risk of torture or death, therefore claim is refused.

Citation
MA8-10052
Parties
Claimant: XXXXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 March 2011
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing and Decision (refusal)
Outcome
Claim dismissed; refugee protection and protection claims refused
Legal Topics
Refugee Protection, Convention Refugee, Risk of Torture, Credibility Assessment, Arbitrary Arrest and Detention, Religious Persecution (sikh), Political Opinion
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Refugee Protection Convention Refugee Risk of Torture Credibility Assessment +3 more

Case Brief

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Parties

XXXXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing and Decision (refusal)

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on political opinion or membership of a particular social group (Sikh males)
  2. 2 Whether claimant faces risk of torture, risk to life, or risk of cruel and unusual treatment on return
  3. 3 Whether the claimant's evidence is credible and sufficient to discharge the burden of proof

Ratio Decidendi

Identity was established but material contradictions between the claimant's account and corroborating evidence (family statements, statutory declaration and documents) left the decision maker in doubt; claimant failed to discharge the onus to prove a serious possibility of persecution or a more‑likely‑than‑not risk of torture or death, therefore claim is refused.

Court Disposition

Claim dismissed; refugee protection and protection claims refused