TA5-05370

TA5-05370

The panel rejected the claim because the claimant was found not credible on material facts central to the claim (family political activity, brother's detention and disappearance, authenticity of membership corroboration), documentary evidence contradicted the claimant's proofs and indicated the letters were not official, and the claimant made no timely efforts to seek protection in the United States; on that basis there is no reasonable chance of persecution or risk to life or torture and the claim fails under ss.96 and 97(1) IRPA.

Citation
TA5-05370
Parties
Claimant: XXXXX XXXXX; Claimant (withdrawn): XXXXX XXXXX XXXXX XXXXX XXXXX; Respondent Agent: Refugee Protection Officer; Respondent: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 November 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision at Refugee Protection Division
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection under ss.96 and 97(1) of the IRPA.
Legal Topics
Convention Refugee, Political Opinion, Particular Social Group, Credibility Assessment, Failure to Claim in First Safe Country, Persecution Risk
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Political Opinion Particular Social Group Credibility Assessment Failure to Claim in First Safe Country +1 more

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant (withdrawn)

Refugee Protection Officer

Respondent Agent

Minister's Counsel

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a member of the MDC and thus at risk for political opinion
  2. 2 Whether claimant's family membership exposes him to persecution as a particular social group
  3. 3 Credibility of claimant given omissions and documentary inconsistencies

Ratio Decidendi

The panel rejected the claim because the claimant was found not credible on material facts central to the claim (family political activity, brother's detention and disappearance, authenticity of membership corroboration), documentary evidence contradicted the claimant's proofs and indicated the letters were not official, and the claimant made no timely efforts to seek protection in the United States; on that basis there is no reasonable chance of persecution or risk to life or torture and the claim fails under ss.96 and 97(1) IRPA.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection under ss.96 and 97(1) of the IRPA.

Orders

  • Refugee Protection Division rejects the claim for refugee protection
  • Withdrawal of the female claimant's refugee claim accepted