TA3-05773

TA3-05773

The claimant's testimony was found not credible on central and material points, documentary evidence did not corroborate his asserted PPP profile or alleged incidents, delay in leaving Pakistan and failure to seek asylum while sojourning in the United States undermined subjective fear; cumulatively he failed to prove a well-founded fear of persecution or risk to life or risk of torture, and therefore is not a Convention refugee nor a person in need of protection.

Citation
TA3-05773
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Refugee Protection Officer; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 September 2005
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision After Hearing
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Refugee Protection, Credibility, Political Opinion, Delay in Claiming, Failure to Claim Elsewhere, Sojourning, Production of Documents, Risk of Torture/cruel Treatment
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Credibility Political Opinion Delay in Claiming Failure to Claim Elsewhere +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Credibility of claimant's account

Ratio Decidendi

The claimant's testimony was found not credible on central and material points, documentary evidence did not corroborate his asserted PPP profile or alleged incidents, delay in leaving Pakistan and failure to seek asylum while sojourning in the United States undermined subjective fear; cumulatively he failed to prove a well-founded fear of persecution or risk to life or risk of torture, and therefore is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.