MB2-01440

MB2-01440

The claimant's material contradictions and omissions regarding employment, promotion, duties, wages and dates render his account not credible; consequently, on a balance of probabilities the panel cannot find he is a Convention refugee or would face personal risk on return, and the claim is rejected.

Citation
MB2-01440
Parties
Claimant: XXXXX XXXXX; Panel Member: Ayman Yassini; Tribunal Officer: Linda Doutre; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 November 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearing
Outcome
Refugee claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Credibility, Personal Information Form Amendments, Risk Assessment, Victim of Criminality
Source Language
English
Immigration Refugee Law Administrative Law Evidence Convention Refugee Credibility Personal Information Form Amendments Risk Assessment +1 more

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Parties

XXXXX XXXXX

Claimant

Ayman Yassini

Panel Member

Linda Doutre

Tribunal Officer

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under ss.96 and 97(1) IRPA
  2. 2 Credibility of the claimant's testimony given contradictions and omissions
  3. 3 Whether the claimant would personally face risk to life or cruel and unusual treatment on return to Haiti

Ratio Decidendi

The claimant's material contradictions and omissions regarding employment, promotion, duties, wages and dates render his account not credible; consequently, on a balance of probabilities the panel cannot find he is a Convention refugee or would face personal risk on return, and the claim is rejected.

Court Disposition

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

Orders

  • Claim for refugee protection rejected