MA5-05888

The claim is rejected because the panel found the claimant not credible due to material contradictions between sworn testimony and his written forms regarding residence, dates and duration of detention, and on that basis concluded there is no reasonable chance of persecution and the claimant does not satisfy the tests under ss.96 or 97(1).

Citation: MA5-05888
Parties: Claimant: XXXXX XXXXX; Respondent: Refugee Protection Officer
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 12 June 2006
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision
Outcome: Claim for refugee protection rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics: Credibility, Convention Refugee, Person in Need of Protection, Contradictions in Statements, Arrest and Detention
Source Language: English

Immigration Refugee Law Administrative Law Credibility Convention Refugee Person in Need of Protection Contradictions in Statements Arrest and Detention

Case Brief

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Parties

XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

Procedural Posture

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

Legal Issues

1 Whether the claimant is a Convention refugee under s.96 of the IRPA
2 Whether the claimant is a person in need of protection under s.97(1) of the IRPA
3 Whether the claimant's testimony and forms are credible given contradictions

Ratio Decidendi

Court Disposition

Claim for refugee protection rejected; claimant found neither a Convention refugee nor a person in need of protection

Orders

Claim for refugee protection dismissed