MB2-00633

MB2-00633

The claimant's testimony was found not credible due to material contradictions, omissions and lack of corroboration; therefore she failed to establish a serious possibility of persecution or, on a balance of probabilities, a risk of torture, death or cruel treatment, and the claim was rejected.

Citation
MB2-00633
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 May 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Hearing and Decision at Refugee Protection Division
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee Status, Person in Need of Protection, Credibility Assessment, Persecution, Corroboration
Source Language
English
Immigration Law Refugee Law Convention Refugee Status Person in Need of Protection Credibility Assessment Persecution Corroboration

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether the claimant is a person in need of protection under subsection 97(1) IRPA
  3. 3 Whether the claimant's testimony is credible

Ratio Decidendi

The claimant's testimony was found not credible due to material contradictions, omissions and lack of corroboration; therefore she failed to establish a serious possibility of persecution or, on a balance of probabilities, a risk of torture, death or cruel treatment, and the claim was rejected.

Court Disposition

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

Orders

  • Refugee protection claim dismissed