MA8-08339

MA8-08339

The claimant's testimony was found not credible due to multiple contradictions, implausibilities and absence of corroborating evidence; accordingly she failed to discharge the legal burden to establish a serious possibility of persecution or, on the balance of probabilities, the risks required to be a person in need of protection, and the claim was rejected.

Citation
MA8-08339
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 March 2009
Procedural Posture
Refugee Protection Claim / Determination (hearing and Decision)
Outcome
Refugee protection claim rejected; claimant not a refugee and not a person in need of protection
Legal Topics
Domestic Violence, Credibility, State Protection, Unlawful Departure, Travel Documents, Guidelines on Women Refugee Claimants
Source Language
English
Immigration and Refugee Law Administrative Law Gender‑based Persecution Domestic Violence Credibility State Protection Unlawful Departure Travel Documents +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Determination (hearing and Decision)

Legal Issues

  1. 1 Whether claimant is a refugee by membership in a particular social group (female victims of conjugal violence)
  2. 2 Whether claimant was persecuted by her ex-husband
  3. 3 Whether claimant could obtain state protection in Mexico

Ratio Decidendi

The claimant's testimony was found not credible due to multiple contradictions, implausibilities and absence of corroborating evidence; accordingly she failed to discharge the legal burden to establish a serious possibility of persecution or, on the balance of probabilities, the risks required to be a person in need of protection, and the claim was rejected.

Court Disposition

Refugee protection claim rejected; claimant not a refugee and not a person in need of protection