VA9-02925
The claimant's testimony and supporting witness evidence were materially inconsistent, uncorroborated and not credible, and objective country reports did not support a probable risk to the claimant; accordingly he failed to establish a well‑founded fear of persecution or a s.97 risk and his claim is rejected.
- Citation
- VA9-02925
- Parties
- Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 31 March 2010
- Procedural Posture
- Refugee Protection / Decision
- Outcome
- Claim rejected; claimant found neither a Convention refugee nor a person in need of protection.
- Legal Topics
- Religion, Persecution of Family Member, Religious Practice, Credibility/inconsistency, Testimony, Country Conditions, Elderly Claimant, Baha'i, Iran
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX XXXXX
Claimant
Minister (Canada)
Respondent
Procedural Posture
Refugee Protection / Decision
Legal Issues
- 1 Whether claimant is a Convention refugee with a well-founded fear of persecution
- 2 Whether claimant is a person in need of protection under section 97 of IRPA
- 3 Whether claimant's evidence and witness testimony are credible and reliable
Ratio Decidendi
The claimant's testimony and supporting witness evidence were materially inconsistent, uncorroborated and not credible, and objective country reports did not support a probable risk to the claimant; accordingly he failed to establish a well‑founded fear of persecution or a s.97 risk and his claim is rejected.
Court Disposition
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection.
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