MB7-08129

MB7-08129

The panel found the claimant's testimony not credible due to numerous unexplained, extensive and contradictory amendments to his Basis of Claim and other inconsistencies; the Minister did not produce prima facie evidence specific to the claimant that he had acquired Brazilian permanent resident status, so burden did not shift; on the balance of probabilities the claimant was not a permanent resident of Brazil and did not establish a serious possibility of persecution or a risk of torture, death or cruel and unusual treatment on return to Haiti, therefore the refugee protection claim is rejected.

Citation
MB7-08129
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX; Minister: Minister of Immigration, Refugees and Citizenship of Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 February 2018
Procedural Posture
Refugee Protection Claim (irpa) / RPD Hearing and Decision (reasons Given)
Outcome
Refugee protection claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Article 1 E Exclusion, Credibility Assessment, Permanent Residency in Third Country, Burden of Proof Reversal, Convention Refugee Determination, Section 97 Protection Claim
Source Language
English
Immigration Law Refugee Law International Law Administrative Law Article 1 E Exclusion Credibility Assessment Permanent Residency in Third Country Burden of Proof Reversal +2 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant

Minister of Immigration, Refugees and Citizenship of Canada

Minister

Procedural Posture

Refugee Protection Claim (irpa) / RPD Hearing and Decision (reasons Given)

Legal Issues

  1. 1 Whether Article 1E of the 1951 Refugee Convention excludes the claimant due to permanent residency in Brazil
  2. 2 Whether the Minister established a prima facie case shifting the burden to the claimant
  3. 3 Whether the claimant is credible

Ratio Decidendi

The panel found the claimant's testimony not credible due to numerous unexplained, extensive and contradictory amendments to his Basis of Claim and other inconsistencies; the Minister did not produce prima facie evidence specific to the claimant that he had acquired Brazilian permanent resident status, so burden did not shift; on the balance of probabilities the claimant was not a permanent resident of Brazil and did not establish a serious possibility of persecution or a risk of torture, death or cruel and unusual treatment on return to Haiti, therefore the refugee protection claim is rejected.

Court Disposition

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

Orders

  • Refugee protection claim rejected (no Convention refugee status)
  • No protection under subsection 97(1) IRPA granted