TA5-02103

TA5-02103

Claim rejected because the panel found the claimant not credible on central allegations; the passport renewal and lack of corroboration undermined the claim that he was a known ELF member and a target of EPLF, and on balance of probabilities there is no established risk of persecution, torture or cruel treatment if returned to Eritrea.

Citation
TA5-02103
Parties
Claimant: XXXXX XXXXX; Respondent: Refugee Protection Officer; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 February 2007
Procedural Posture
Refugee Protection Claim Under IRPA / Decision After Hearing
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Political Opinion, Credibility Assessment, Protection Under S.97(1)(a) and S.97(1)(b), Membership of Political/non State Group
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Political Opinion Credibility Assessment Protection Under S.97(1)(a) and S.97(1)(b) Membership of Political/non State Group

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Parties

XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Hearing

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution for political opinion
  2. 2 Whether claimant is a member of the Eritrean Liberation Front (ELF)
  3. 3 Whether claimant faces a risk of torture or cruel and unusual treatment if returned

Ratio Decidendi

Claim rejected because the panel found the claimant not credible on central allegations; the passport renewal and lack of corroboration undermined the claim that he was a known ELF member and a target of EPLF, and on balance of probabilities there is no established risk of persecution, torture or cruel treatment if returned to Eritrea.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Refugee protection claim rejected