MA8-11374

MA8-11374

The panel rejected the claimant's testimony as not credible, drew negative inferences from unexplained omissions in earlier applications, long delays in seeking protection and failure to seek state protection, found Article 1E inapplicable, and concluded the claimant did not discharge the burden to show a serious possibility of persecution or a personal risk of torture, death or cruel and unusual treatment if returned to Grenada; accordingly the refugee claim is rejected.

Citation
MA8-11374
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 December 2009
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Final Decision Following Hearing
Outcome
Refugee protection claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Refugee Protection, Credibility Assessment, State Protection, Exclusion Under Article 1 E, Delay in Making Claim, Psychological Evidence, Domestic Violence
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Refugee Protection Credibility Assessment State Protection Exclusion Under Article 1 E +3 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Final Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under s.97(1) of the IRPA
  3. 3 Whether Article 1E exclusion applies

Ratio Decidendi

The panel rejected the claimant's testimony as not credible, drew negative inferences from unexplained omissions in earlier applications, long delays in seeking protection and failure to seek state protection, found Article 1E inapplicable, and concluded the claimant did not discharge the burden to show a serious possibility of persecution or a personal risk of torture, death or cruel and unusual treatment if returned to Grenada; accordingly the refugee claim is rejected.

Court Disposition

Refugee protection claim rejected; claimant is neither a Convention refugee nor a person in need of protection.