TB6-03535

TB6-03535

The claim is dismissed because the claimant failed to establish his identity and core allegations on a balance of probabilities, provided no reasonable corroborative documentation despite opportunities, and gave inconsistent and implausible testimony; accordingly there is no credible basis for the claim and the claimant is neither a Convention refugee nor a person in need of protection, with subsection 107(2) IRPA applying.

Citation
TB6-03535
Parties
Claimant: XXXX XXXX XXXX; Adjudicator / Member: R. Mekhael; Interpreter: A. Tani
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 May 2016
Procedural Posture
Inland Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96,97(1)) / Hearing — Decision Rendered Orally May 5, 2016
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection; subsection 107(2) IRPA applies (no credible basis).
Legal Topics
Credibility, Identity, Convention Refugee Determination, No Credible Basis (s.107(2) Irpa), Risk Assessment (al Shabaab)
Source Language
English
Immigration Refugee Law Administrative Law Credibility Identity Convention Refugee Determination No Credible Basis (s.107(2) Irpa) Risk Assessment (al Shabaab)

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Parties

XXXX XXXX XXXX

Claimant

R. Mekhael

Adjudicator / Member

A. Tani

Interpreter

Procedural Posture

Inland Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96,97(1)) / Hearing — Decision Rendered Orally May 5, 2016

Legal Issues

  1. 1 Whether the claimant established his identity and nationality
  2. 2 Whether the claimant is a Convention refugee under s.96 IRPA or a person in need of protection under s.97(1) IRPA
  3. 3 Whether subsection 107(2) IRPA applies (no credible basis)

Ratio Decidendi

The claim is dismissed because the claimant failed to establish his identity and core allegations on a balance of probabilities, provided no reasonable corroborative documentation despite opportunities, and gave inconsistent and implausible testimony; accordingly there is no credible basis for the claim and the claimant is neither a Convention refugee nor a person in need of protection, with subsection 107(2) IRPA applying.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection; subsection 107(2) IRPA applies (no credible basis).

Orders

  • Claim dismissed; decision rendered orally May 5, 2016