TB0-17332

TB0-17332

The panel found the claimant not credible due to contradictions between his testimony and contemporaneous medical reports, implausibilities in his account, and absence of corroboration from his employer; accordingly he failed to establish a nexus to a Convention ground or a serious possibility of torture or other individualized risk, so the claim is rejected.

Citation
TB0-17332
Parties
Claimant: XXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 November 2011
Procedural Posture
Convention Refugee and Protection Claim Under IRPA / Decision on Merits
Outcome
Claim rejected; claimant found not to be a Convention refugee and not to be a person in need of protection.
Legal Topics
Credibility, Persecution, Nexus to Convention Grounds, Torture, Corroboration
Source Language
English
Immigration Law Refugee Law International Protection Human Rights Credibility Persecution Nexus to Convention Grounds Torture +1 more

Case Brief

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Parties

XXXXXXXXXXXXXX

Claimant

Procedural Posture

Convention Refugee and Protection Claim Under IRPA / Decision on Merits

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Credibility of the claimant's testimony and supporting documents

Ratio Decidendi

The panel found the claimant not credible due to contradictions between his testimony and contemporaneous medical reports, implausibilities in his account, and absence of corroboration from his employer; accordingly he failed to establish a nexus to a Convention ground or a serious possibility of torture or other individualized risk, so the claim is rejected.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not to be a person in need of protection.

Orders

  • Claim dismissed; protection claim rejected.