TB2-02736

TB2-02736

The claim is rejected because the claimant failed to credibly establish her identity and provided inconsistent and unsupported documentary and oral evidence; because identity and credibility were dispositive, the claimant did not establish on a balance of probabilities a serious possibility of persecution on a Convention ground nor a risk to life, torture, or cruel and unusual treatment under the IRPA.

Citation
TB2-02736
Parties
Claimant (asylum Claimant): XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 September 2012
Procedural Posture
Refugee Protection Claim (rpd) / Decision (reasons and Decision Issued)
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection under ss.96 or 97(1) of the IRPA.
Legal Topics
Convention Refugee, Membership of a Particular Social Group (sexual Orientation), Credibility and Identity Documentation, Risk of Persecution, Risk of Torture, Risk to Life, Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Membership of a Particular Social Group (sexual Orientation) Credibility and Identity Documentation Risk of Persecution Risk of Torture +2 more

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Parties

XXXX XXXX XXXX

Claimant (asylum Claimant)

Procedural Posture

Refugee Protection Claim (rpd) / Decision (reasons and Decision Issued)

Legal Issues

  1. 1 Whether the claimant established identity with acceptable documentation
  2. 2 Whether the claimant is credible
  3. 3 Whether the claimant established a well‑founded fear of persecution or a risk to life, torture or cruel and unusual treatment on a Convention ground (sexual orientation)

Ratio Decidendi

The claim is rejected because the claimant failed to credibly establish her identity and provided inconsistent and unsupported documentary and oral evidence; because identity and credibility were dispositive, the claimant did not establish on a balance of probabilities a serious possibility of persecution on a Convention ground nor a risk to life, torture, or cruel and unusual treatment under the IRPA.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection under ss.96 or 97(1) of the IRPA.

Orders

  • Claim for refugee protection rejected
  • No protection granted under s.97(1)(a) or s.97(1)(b) of the IRPA