TB0-00680

TB0-00680

Because the claimant's central allegations were found not credible due to material inconsistencies, omissions and lack of corroborative evidence, and because objective country information did not establish a real risk on return, the panel concluded there was no serious possibility of persecution or risk of torture or cruel treatment and rejected the refugee claim.

Citation
TB0-00680
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 May 2012
Procedural Posture
Refugee Protection Claim / Decision on Refugee Claim After Hearing
Outcome
Claim for refugee protection rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Procedural Fairness, Corroboration of Evidence, Failure to Seek Protection in Transit Countries, Illegal Exit, Risk of Torture, Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Credibility Assessment Procedural Fairness +5 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision on Refugee Claim After Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether the claimant's evidence is credible and sufficiently corroborated

Ratio Decidendi

Because the claimant's central allegations were found not credible due to material inconsistencies, omissions and lack of corroborative evidence, and because objective country information did not establish a real risk on return, the panel concluded there was no serious possibility of persecution or risk of torture or cruel treatment and rejected the refugee claim.

Court Disposition

Claim for refugee protection rejected

Orders

  • Claim for refugee protection rejected under s.96 and ss.97(1) of the Immigration and Refugee Protection Act; no protection granted