MB0-02207

MB0-02207

The claimant's core allegations were not credible and lacked sufficient corroboration; documentary evidence did not substantiate claimed FARC extortion and suggested AUC involvement; therefore the claimant failed to demonstrate a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture, death or cruel and unusual treatment, and the claim is rejected.

Citation
MB0-02207
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 October 2015
Procedural Posture
Refugee Protection (irpa) / Decision Merits Hearing
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Corroboration, Extortion, Risk of Torture, Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Person in Need of Protection Credibility Assessment Corroboration +3 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (irpa) / Decision Merits Hearing

Legal Issues

  1. 1 Whether claimant proved a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant proved, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment on return
  3. 3 Whether the claimant's testimony was credible and sufficiently corroborated

Ratio Decidendi

The claimant's core allegations were not credible and lacked sufficient corroboration; documentary evidence did not substantiate claimed FARC extortion and suggested AUC involvement; therefore the claimant failed to demonstrate a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture, death or cruel and unusual treatment, and the claim is rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection.

Orders

  • Claim rejected