MB1-00017

MB1-00017

The claimant's testimony is not credible on a balance of probabilities due to material inconsistencies and omissions and lack of corroboration; the alleged risk from EPDP and kidnappers is criminality/extortion or a generalized risk rather than persecution based on a protected ground; claimant failed to discharge the Rule 7 obligation to produce corroborative documentation; therefore the claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97.

Citation
MB1-00017
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 February 2013
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Decision After Hearing
Outcome
Claim denied — not a Convention refugee (s.96) and not a person in need of protection (s.97)
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility/inconsistency, Corroboration/production of Documents (rule 7), Generalized Risk, Kidnapping/extortion, Protection Elsewhere, Sri Lanka Country Conditions
Source Language
English
Refugee Law Immigration Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Credibility/inconsistency Corroboration/production of Documents (rule 7) +4 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1)(a) or (b) IRPA
  3. 3 Whether claimant's allegations are credible on a balance of probabilities

Ratio Decidendi

The claimant's testimony is not credible on a balance of probabilities due to material inconsistencies and omissions and lack of corroboration; the alleged risk from EPDP and kidnappers is criminality/extortion or a generalized risk rather than persecution based on a protected ground; claimant failed to discharge the Rule 7 obligation to produce corroborative documentation; therefore the claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97.

Court Disposition

Claim denied — not a Convention refugee (s.96) and not a person in need of protection (s.97)