MA5-00200

MA5-00200

Because the panel found the claimant not credible and concluded the key documents and article were not probative (some showing characteristics of forgery and reproduction), the claimant failed to establish a well-founded fear of persecution or a personal risk on return under ss.96 and 97, and the refugee claim is rejected.

Citation
MA5-00200
Parties
Claimant: XXXXX XXXXX; Respondent: Minister; Refugee Protection Officer: Michel Byczak
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 October 2005
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Decision Following Refugee Hearing
Outcome
Claim rejected: claimant not a Convention refugee and not a person in need of protection; claim found to have no credible basis.
Legal Topics
Refugee Protection, Particular Social Group, Persecution, Credibility, Documentary Evidence, Authenticity, Vendetta, State Protection
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Particular Social Group Persecution Credibility Documentary Evidence +3 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Michel Byczak

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Decision Following Refugee Hearing

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 subsection 97(1) of the Immigration and Refugee Protection Act
  3. 3 Whether the claimant's evidence and documentary exhibits are authentic and credible

Ratio Decidendi

Because the panel found the claimant not credible and concluded the key documents and article were not probative (some showing characteristics of forgery and reproduction), the claimant failed to establish a well-founded fear of persecution or a personal risk on return under ss.96 and 97, and the refugee claim is rejected.

Court Disposition

Claim rejected: claimant not a Convention refugee and not a person in need of protection; claim found to have no credible basis.

Orders

  • Claim for refugee protection is rejected.
  • Claim found to have no credible basis under subsection 107(2) of the Immigration Act.