Does the credibility of a refugee claimant have to be considered a factor in determining whether to grant refugee status under s. 52(c)(i) of the Human Rights Code?
Canada (Federal), Canada
The following excerpt is from Punniamoorthy v. Canada (Minister of Employment and Immigration), 1994 CanLII 10959 (FCA):
This is not to suggest that it is necessary for the board to make positive findings of credibility before this court will exercise its jurisdiction under s. 52(c)(i). In Mahathmasseelan v. Canada (Minister of Employment and Immigration), supra, this court felt justified in declaring the claimant to be a Convention refugee because the inconsistencies in her testimony, although not insignificant, were not central to her claim. Moreover, this court expressly noted that while the board made findings with respect to inconsistencies, which affected the claimant's credibility, it did not find a total absence of credibility (at p. 37).
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