TB1-16696

TB1-16696

The claim was rejected because the Tribunal found the claimant's testimony not credible on multiple cumulative grounds (contradictions, lack of corroboration, implausible smuggling account, unexplained delay), and even assuming credibility the prosecution alleged would be under a neutral law of general application (expropriation-related disturbance) such that s.96 and s.97 protection does not apply.

Citation
TB1-16696
Parties
Claimant: XXXX XXXX XXXX; Dependent Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 May 2014
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97) / Final Decision After Merits Hearing
Outcome
Refugee claim rejected: claimant is not a Convention refugee and not a person in need of protection; dependent (female) claimant's claim also rejected.
Legal Topics
Convention Refugee Status, Person in Need of Protection, Credibility Assessment, State Protection, Law of General Application, Expropriation Disputes
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Status Person in Need of Protection Credibility Assessment State Protection Law of General Application +1 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Dependent Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97) / Final Decision After Merits Hearing

Legal Issues

  1. 1 Identity
  2. 2 Credibility of testimony
  3. 3 Whether claimant has subjective fear

Ratio Decidendi

The claim was rejected because the Tribunal found the claimant's testimony not credible on multiple cumulative grounds (contradictions, lack of corroboration, implausible smuggling account, unexplained delay), and even assuming credibility the prosecution alleged would be under a neutral law of general application (expropriation-related disturbance) such that s.96 and s.97 protection does not apply.

Court Disposition

Refugee claim rejected: claimant is not a Convention refugee and not a person in need of protection; dependent (female) claimant's claim also rejected.

Orders

  • Refugee Protection Division rejects the claim of the claimant
  • Refugee Protection Division rejects the dependent claimant's claim