TB1-16523

TB1-16523

Because the claimant's allegations were materially inconsistent with her PIF, there were significant omissions, the testimony was vague and inconsistent, and corroborative documents were not produced or were of no evidentiary weight, the panel found the claimant not credible and concluded she is neither a Convention refugee nor a person in need of protection; claim dismissed.

Citation
TB1-16523
Parties
Claimant: XXXXX XXXXX; Designated Representative: XXXXX XXXXX; Panel Member: C. Buttigieg
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 November 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision
Outcome
Claim rejected; claimant found not to be a Convention refugee and not in need of protection
Legal Topics
Credibility, Designated Representative, Persecution, Political Opinion, Omissions in PIF, Documentary Corroboration, Failure to Appear, Demeanour, Family Persecution, Iran
Source Language
English
Immigration Refugee Law Credibility Designated Representative Persecution Political Opinion Omissions in PIF Documentary Corroboration +4 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX

Designated Representative

C. Buttigieg

Panel Member

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether claimant's evidence is credible on a balance of probabilities

Ratio Decidendi

Because the claimant's allegations were materially inconsistent with her PIF, there were significant omissions, the testimony was vague and inconsistent, and corroborative documents were not produced or were of no evidentiary weight, the panel found the claimant not credible and concluded she is neither a Convention refugee nor a person in need of protection; claim dismissed.

Court Disposition

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

Orders

  • Refugee protection claim dismissed
  • No protection granted under ss.96 or 97(1) of the Immigration and Refugee Protection Act