MB1-04584

MB1-04584

The claimant's account was found generally not credible due to material inconsistencies and unexplained omissions, corroborative documents lacked probative value, and country information did not establish a serious possibility of persecution or a balance‑of‑probabilities risk of torture or similar treatment; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
MB1-04584
Parties
Claimant: XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 October 2013
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / Decision on Refugee Claim (reasons and Final Decision)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Corroboration, Refugee Sur Place (imputed Political Opinion), Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Credibility Assessment Corroboration +2 more

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act) / Decision on Refugee Claim (reasons and Final Decision)

Legal Issues

  1. 1 Whether claimant established a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant established danger of torture or risk to life or cruel and unusual treatment on balance of probabilities
  3. 3 Credibility of claimant's testimony and omissions

Ratio Decidendi

The claimant's account was found generally not credible due to material inconsistencies and unexplained omissions, corroborative documents lacked probative value, and country information did not establish a serious possibility of persecution or a balance‑of‑probabilities risk of torture or similar treatment; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refusal of refugee protection claim dated October 21, 2013
  • Reasons for decision issued and claim dismissed