VB5-01584

VB5-01584

The claimant was found not credible on key allegations (detention conditions, agent profile, passport renewal, BOC omissions, late disclosure, and belated rape allegation); corroborative documents lacked probative value and country evidence contradicted testimony; therefore on a balance of probabilities there is no well-founded fear of persecution on a Convention ground nor personal risk under s.97, and the claim is manifestly unfounded.

Citation
VB5-01584
Parties
Claimant: XXXX XXXX XXXX; Intervenor/respondent: Canada Border Services Agency; Decision Maker: Miryam Molgat
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 September 2015
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Refugee claim dismissed; claimant is not a Convention refugee and not a person in need of protection under s.97; claim found manifestly unfounded and clearly fraudulent.
Legal Topics
Credibility, Convention Refugee Determination, Section 97 Protection, Manifestly Unfounded
Source Language
English
Immigration Refugee Law Administrative Law Credibility Convention Refugee Determination Section 97 Protection Manifestly Unfounded

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Canada Border Services Agency

Intervenor/respondent

Miryam Molgat

Decision Maker

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96
  2. 2 Whether claimant is a person in need of protection under s.97(1)
  3. 3 Credibility of claimant and probative value of documents

Ratio Decidendi

The claimant was found not credible on key allegations (detention conditions, agent profile, passport renewal, BOC omissions, late disclosure, and belated rape allegation); corroborative documents lacked probative value and country evidence contradicted testimony; therefore on a balance of probabilities there is no well-founded fear of persecution on a Convention ground nor personal risk under s.97, and the claim is manifestly unfounded.

Court Disposition

Refugee claim dismissed; claimant is not a Convention refugee and not a person in need of protection under s.97; claim found manifestly unfounded and clearly fraudulent.

Orders

  • Refugee protection claim dismissed
  • No protection granted under sections 96 or 97 of the Immigration and Refugee Protection Act