MA7-00765

MA7-00765

The panel rejected the claim because material contradictions, implausibilities and unexplained changes in testimony and documentary evidence destroyed the claimant's credibility; consequently she failed to prove she is a Convention refugee or a person in need of protection under ss.96 and 97.

Citation
MA7-00765
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 November 2008
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refused)
Outcome
Claim for refugee protection rejected; claimant is not a Convention refugee under section 96 and not a person in need of protection under paragraphs 97(1)(a) and (b) of the Act.
Legal Topics
Forced Marriage, Credibility, Risk Assessment, Convention Refugee Status, Person in Need of Protection
Source Language
English
Immigration and Refugee Law Human Rights Gender Based Persecution Forced Marriage Credibility Risk Assessment Convention Refugee Status Person in Need of Protection

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refused)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether claimant is a person in need of protection under paragraphs 97(1)(a) or (b) of the Act
  3. 3 Whether the claimant's testimony and documentary evidence are credible

Ratio Decidendi

The panel rejected the claim because material contradictions, implausibilities and unexplained changes in testimony and documentary evidence destroyed the claimant's credibility; consequently she failed to prove she is a Convention refugee or a person in need of protection under ss.96 and 97.

Court Disposition

Claim for refugee protection rejected; claimant is not a Convention refugee under section 96 and not a person in need of protection under paragraphs 97(1)(a) and (b) of the Act.

Orders

  • Claim for refugee protection rejected; decision dated November 26, 2008