TB0-14029

TB0-14029

The panel found the claimant's testimony materially inconsistent, incomplete and implausible on key events (arrests, beatings, dates, injuries), and because the claimant failed to meet the evidentiary burden to show a well-founded fear of persecution or risk of torture, the claim was rejected as not a Convention refugee and not in need of protection.

Citation
TB0-14029
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 September 2011
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Decision (reasons and Decision)
Outcome
Claim rejected. Claimant is not a Convention refugee and is not a person in need of protection; minor claimant's related claim rejected.
Legal Topics
Asylum, Credibility Assessment, Persecution, Political Opinion, Membership of a Particular Social Group, Risk of Torture, Removal/return, Detention
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Asylum Credibility Assessment Persecution Political Opinion Membership of a Particular Social Group +3 more

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Parties

XXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimant's evidence is credible and trustworthy
  2. 2 Whether claimant has a well-founded fear of persecution on political opinion or membership of a particular social group
  3. 3 Whether claimant faces a real risk of torture, risk to life or cruel and unusual treatment if returned

Ratio Decidendi

The panel found the claimant's testimony materially inconsistent, incomplete and implausible on key events (arrests, beatings, dates, injuries), and because the claimant failed to meet the evidentiary burden to show a well-founded fear of persecution or risk of torture, the claim was rejected as not a Convention refugee and not in need of protection.

Court Disposition

Claim rejected. Claimant is not a Convention refugee and is not a person in need of protection; minor claimant's related claim rejected.

Orders

  • Claim rejected as not a Convention refugee
  • Claimant is not a person in need of protection