TA5-11218

TA5-11218

Claim dismissed because the claimant's testimony contained material omissions, inconsistencies and implausibilities undermining credibility; there was insufficient corroboration of ownership, arrest and police persecution; an internal flight alternative in Lagos was available; and evidence that HIV-related lack of modern treatment in Nigeria amounted to persecution was not established.

Citation
TA5-11218
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: W. Kawun
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 May 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision
Outcome
Claimant's claim for refugee protection is rejected; claimant is not a Convention refugee and is not a person in need of protection under section 97(1) IRPA.
Legal Topics
Political Opinion, Hiv/disease, Procedural Fairness, Order of Questioning/guidelines, Credibility and Inconsistent Testimony, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Political Opinion Hiv/disease Procedural Fairness Order of Questioning/guidelines +3 more

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Parties

XXXXX XXXXX

Claimant

W. Kawun

Refugee Protection Officer

Procedural Posture

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

Legal Issues

  1. 1 Whether claimant suffered or feared persecution for political opinion
  2. 2 Whether claimant's testimony was credible and sufficiently detailed
  3. 3 Whether the Chairperson's guideline on order of questioning infringed procedural fairness

Ratio Decidendi

Claim dismissed because the claimant's testimony contained material omissions, inconsistencies and implausibilities undermining credibility; there was insufficient corroboration of ownership, arrest and police persecution; an internal flight alternative in Lagos was available; and evidence that HIV-related lack of modern treatment in Nigeria amounted to persecution was not established.

Court Disposition

Claimant's claim for refugee protection is rejected; claimant is not a Convention refugee and is not a person in need of protection under section 97(1) IRPA.

Orders

  • Claimant's refugee protection claim dismissed (decision dated 29 May 2006)
  • No protection granted under sections 96 and 97(1) of the IRPA