MB2-05925

MB2-05925

The tribunal found the claimant's narrative not credible and insufficiently corroborated; given material inconsistencies, unreliable witness evidence and lack of documentary support for the alleged 2012 events and familial targeting, on balance of probabilities there is no reasonable chance the claimant would be persecuted or face serious risk on return to Djibouti, so the claim fails under ss.96 and 97(1).

Citation
MB2-05925
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 October 2013
Procedural Posture
Refugee Protection (rpd) Claim Under IRPA / Hearing and Decision (merits)
Outcome
Refugee claim dismissed; claimant is not a Convention refugee under s.96 and not a person in need of protection under s.97(1).
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Risk of Persecution, Particular Social Group, Deportation
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Risk of Persecution Particular Social Group +1 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (rpd) Claim Under IRPA / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1) of the IRPA
  3. 3 Credibility of the claimant's narrative and supporting evidence

Ratio Decidendi

The tribunal found the claimant's narrative not credible and insufficiently corroborated; given material inconsistencies, unreliable witness evidence and lack of documentary support for the alleged 2012 events and familial targeting, on balance of probabilities there is no reasonable chance the claimant would be persecuted or face serious risk on return to Djibouti, so the claim fails under ss.96 and 97(1).

Court Disposition

Refugee claim dismissed; claimant is not a Convention refugee under s.96 and not a person in need of protection under s.97(1).