TA5-13044

TA5-13044

The panel found the claimant's evidence not credible due to unexplained discrepancies in passport/travel dates and failure to produce corroborating evidence of the alleged attack or of the alleged persecutor's existence/status; on that basis the claimant fails to establish Convention refugee status or a s.97 protection claim.

Citation
TA5-13044
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent Agent: Refugee Protection Officer; Respondent: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 May 2006
Procedural Posture
Refugee Protection Hearing Pursuant to Immigration and Refugee Protection Act S.170(b) / Hearing and Decision (determination on Refugee and S.97 Claims)
Outcome
Claim dismissed; claimant found not to be a Convention refugee, no successful claim under section 97, and not a person in need of protection.
Legal Topics
Convention Refugee Determination, Section 97 Claim, Credibility Assessment, Corroboration and Documentary Evidence
Source Language
English
Refugee Protection Immigration Gender Based Violence Evidence and Credibility Nationality: Saint Vincent and the Grenadines Convention Refugee Determination Section 97 Claim Credibility Assessment +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent Agent

Minister's Counsel

Respondent

Procedural Posture

Refugee Protection Hearing Pursuant to Immigration and Refugee Protection Act S.170(b) / Hearing and Decision (determination on Refugee and S.97 Claims)

Legal Issues

  1. 1 Whether claimant credibly established a well-founded fear of persecution by a former boyfriend
  2. 2 Whether the alleged persecutor and attack could be corroborated
  3. 3 Whether claimant qualifies as a Convention refugee

Ratio Decidendi

The panel found the claimant's evidence not credible due to unexplained discrepancies in passport/travel dates and failure to produce corroborating evidence of the alleged attack or of the alleged persecutor's existence/status; on that basis the claimant fails to establish Convention refugee status or a s.97 protection claim.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee, no successful claim under section 97, and not a person in need of protection.