TA5-06437

TA5-06437

The core factual allegations that the claimant's family received land and that this created a blood feud were found not credible due to material inconsistencies and absence of corroboration; therefore the claimant failed to prove on a balance of probabilities a real risk of persecution or serious harm and the claim is rejected under ss.96 and 97(1) of the IRPA.

Citation
TA5-06437
Parties
Claimant: XXXXX XXXXX (a.k.a. XXXXX XXXXX XXXXX); Respondent: Refugee Protection Officer; Decision Maker: Cliff Berry
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 July 2006
Procedural Posture
Refugee Protection Claim / Decision After Hearing
Outcome
Refugee claim rejected
Legal Topics
Credibility, Persecution, Risk Assessment, Country Conditions, Documentary Evidence, Blood Feud
Source Language
English
Immigration Refugee Law Administrative Law Credibility Persecution Risk Assessment Country Conditions Documentary Evidence +1 more

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Parties

XXXXX XXXXX (a.k.a. XXXXX XXXXX XXXXX)

Claimant

Refugee Protection Officer

Respondent

Cliff Berry

Decision Maker

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether the claimant's family was transferred land
  2. 2 Whether a blood feud exists against the claimant
  3. 3 Whether the claimant faces a serious possibility of persecution or serious harm

Ratio Decidendi

The core factual allegations that the claimant's family received land and that this created a blood feud were found not credible due to material inconsistencies and absence of corroboration; therefore the claimant failed to prove on a balance of probabilities a real risk of persecution or serious harm and the claim is rejected under ss.96 and 97(1) of the IRPA.

Court Disposition

Refugee claim rejected