TB1-08752

TB1-08752

The claim was dismissed because the claimant failed to establish his identity and credibility due to multiple inconsistencies in documents and testimony, and he did not prove state protection would be inadequate; country evidence supported that the Ogboni is a benign reformed fraternity, so there was no well-founded fear of persecution and no risk justifying protection.

Citation
TB1-08752
Parties
Claimant / Asylum Seeker: XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration; Adjudicator: Me Dominique Setton
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 January 2013
Procedural Posture
Refugee Protection (convention Refugee and Person in Need of Protection Claim) / Hearing and Oral and Written Decision (january 21, 2013)
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Credibility, Identity, Internal Flight Alternative, Membership of a Particular Social Group, Religion
Source Language
English
Immigration Refugee Law Asylum Protection Convention Refugee Person in Need of Protection State Protection Credibility +4 more

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Parties

XXXX XXXX

Claimant / Asylum Seeker

Minister of Citizenship and Immigration

Respondent / Minister

Me Dominique Setton

Adjudicator

Procedural Posture

Refugee Protection (convention Refugee and Person in Need of Protection Claim) / Hearing and Oral and Written Decision (january 21, 2013)

Legal Issues

  1. 1 Identity and credibility of claimant
  2. 2 Membership/affiliation with Ogboni society as a particular social group
  3. 3 Availability and adequacy of state protection

Ratio Decidendi

The claim was dismissed because the claimant failed to establish his identity and credibility due to multiple inconsistencies in documents and testimony, and he did not prove state protection would be inadequate; country evidence supported that the Ogboni is a benign reformed fraternity, so there was no well-founded fear of persecution and no risk justifying protection.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.