TA9-09017

TA9-09017

The panel found the claimant not credible on the central facts (that he publicly denounced forced recruitment which led to his arrest) and therefore the claimant failed to discharge the burden of proving a well‑founded fear of persecution; consequently the claim was rejected under sections 96 and 97 IRPA.

Citation
TA9-09017
Parties
Claimant: XXXXX XXXX XXXXXXX XXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 July 2011
Procedural Posture
Refugee Protection Claim (irpa) / Decision After Hearing
Outcome
Claimant's refugee protection claim rejected
Legal Topics
Political Opposition, Freedom of Expression, Forced Recruitment, Arbitrary Arrest and Detention, Hiding, Persecution of Family Member, Credibility Assessment, Negative Decision, Democratic Republic of Congo
Source Language
English
Refugee Law Immigration Administrative Law Human Rights Political Opposition Freedom of Expression Forced Recruitment Arbitrary Arrest and Detention +5 more

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Parties

XXXXX XXXX XXXXXXX XXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under subsection 97(1) IRPA
  3. 3 Whether claimant's testimony is credible

Ratio Decidendi

The panel found the claimant not credible on the central facts (that he publicly denounced forced recruitment which led to his arrest) and therefore the claimant failed to discharge the burden of proving a well‑founded fear of persecution; consequently the claim was rejected under sections 96 and 97 IRPA.

Court Disposition

Claimant's refugee protection claim rejected

Orders

  • Claim for refugee protection rejected; claimant is not a Convention refugee under section 96 IRPA and not a person in need of protection under subsection 97(1) IRPA