TA4-09208

TA4-09208

The panel rejected the claim because the claimant's allegations were not credible or trustworthy, omissions and inconsistencies justified adverse inferences, and the evidence did not establish a serious possibility of persecution for a Convention ground nor a personal risk of torture, death or cruel and unusual treatment on return to Colombia.

Citation
TA4-09208
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant's Son: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 May 2005
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing — Decision (refugee Protection Division)
Outcome
Claims rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Convention Refugee, Persecution, Torture, State Protection, Internal Flight Alternative, Country Conditions, Delay, Omissions
Source Language
English
Immigration Refugee Law Administrative Law Credibility Convention Refugee Persecution Torture State Protection +4 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX

Claimant's Son

Minister

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing — Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee with a well‑founded fear of persecution for a Convention ground
  2. 2 Whether claimant faces a personal risk to life or risk of torture or cruel and unusual treatment on removal
  3. 3 Credibility of claimant's testimony and omissions in the Personal Information Form

Ratio Decidendi

The panel rejected the claim because the claimant's allegations were not credible or trustworthy, omissions and inconsistencies justified adverse inferences, and the evidence did not establish a serious possibility of persecution for a Convention ground nor a personal risk of torture, death or cruel and unusual treatment on return to Colombia.

Court Disposition

Claims rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Claims rejected