TB5-04666

TB5-04666

The claimant's testimony and documentary evidence contained material contradictions, omissions and implausibilities leading the Panel to conclude the evidence was not credible and supporting documents were likely fabricated; interpretation was adequate; even if credible, the evidence did not rebut the presumption of state protection in the Dominican Republic; therefore the claimant is not a Convention refugee nor a person in need of protection and there is no credible basis under s.107(2) IRPA.

Citation
TB5-04666
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 July 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons Delivered)
Outcome
Claim dismissed: claimant is not a Convention refugee and not a person in need of protection; finding of no credible basis under s.107(2) IRPA
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, State Protection, Interpretation Adequacy, No Credible Basis Finding
Source Language
English
Immigration Refugee Law Administrative Law Gender Based Violence Convention Refugee Person in Need of Protection Credibility Assessment State Protection +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons Delivered)

Legal Issues

  1. 1 Whether the claimant's evidence is credible on a balance of probabilities
  2. 2 Whether state protection in the Dominican Republic is available and effective
  3. 3 Whether interpretation at the hearing was adequate

Ratio Decidendi

The claimant's testimony and documentary evidence contained material contradictions, omissions and implausibilities leading the Panel to conclude the evidence was not credible and supporting documents were likely fabricated; interpretation was adequate; even if credible, the evidence did not rebut the presumption of state protection in the Dominican Republic; therefore the claimant is not a Convention refugee nor a person in need of protection and there is no credible basis under s.107(2) IRPA.

Court Disposition

Claim dismissed: claimant is not a Convention refugee and not a person in need of protection; finding of no credible basis under s.107(2) IRPA

Orders

  • Refugee claim rejected
  • No credible basis finding pursuant to subsection 107(2) of the IRPA