TB6-15839

TB6-15839

The claimant's material contradictions, omissions and implausibilities regarding arrest, detention, injuries, post-release contact and dates rendered his core allegations not credible; documentary and testimonial evidence did not establish that his sur place activities had been or would be identified by Ethiopian authorities; being Amhara alone did not establish a risk; therefore he failed to prove a serious possibility of persecution or a personal risk of torture, death or cruel treatment and is not entitled to refugee protection.

Citation
TB6-15839
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 December 2017
Procedural Posture
Refugee Protection (irpa) / Hearing and Decision Issued
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Sur Place Claim, Credibility Assessment, Persecution, Risk of Torture, Ethnicity Based Persecution
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Sur Place Claim Credibility Assessment Persecution +2 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (irpa) / Hearing and Decision Issued

Legal Issues

  1. 1 Whether claimant established a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant faces a risk of torture, risk to life, or cruel and unusual treatment on return
  3. 3 Whether claimant's in-Canada political activities (sur place) have been or will be brought to attention of Ethiopian authorities

Ratio Decidendi

The claimant's material contradictions, omissions and implausibilities regarding arrest, detention, injuries, post-release contact and dates rendered his core allegations not credible; documentary and testimonial evidence did not establish that his sur place activities had been or would be identified by Ethiopian authorities; being Amhara alone did not establish a risk; therefore he failed to prove a serious possibility of persecution or a personal risk of torture, death or cruel treatment and is not entitled to refugee protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Claim dismissed; no protection granted