TB1-00105

TB1-00105

The panel rejected the claim because the claimant was not a credible witness on central allegations, failed to provide reasonable corroboration, voluntarily returned to Azerbaijan (reavailment) and delayed departure despite alleging immediate risk, and because a viable internal flight alternative (Baku) exists where there is no serious possibility of persecution; therefore the claimant is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1).

Citation
TB1-00105
Parties
Claimant: XXXX XXXX XXXX; Secondary Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 October 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Refugee Protection Division Decision and Reasons (hearing Concluded)
Outcome
Claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Internal Flight Alternative, Reavailment, Failure to Claim
Source Language
English
Immigration Refugee Protection Administrative Law Convention Refugee Person in Need of Protection Credibility Internal Flight Alternative Reavailment +1 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Secondary Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Refugee Protection Division Decision and Reasons (hearing Concluded)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under ss.97(1)(a) or (b)
  3. 3 Credibility of claimant's testimony and documentation

Ratio Decidendi

The panel rejected the claim because the claimant was not a credible witness on central allegations, failed to provide reasonable corroboration, voluntarily returned to Azerbaijan (reavailment) and delayed departure despite alleging immediate risk, and because a viable internal flight alternative (Baku) exists where there is no serious possibility of persecution; therefore the claimant is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1).

Court Disposition

Claim rejected

Orders

  • Claim for refugee protection denied
  • Claims of secondary claimant and minor claimant dismissed (joined to primary claim)