TB6-10363

TB6-10363

Because the claimant's core factual allegations were found not credible, unsupported by corroboration, and contradicted by expected professional knowledge and internal inconsistencies, she failed to meet the legal standards to establish a risk of persecution or serious harm and the claims are manifestly unfounded under s.107.1 IRPA.

Citation
TB6-10363
Parties
Claimant: XXXX XXXX XXXXXXXXXXXX XXXX; Minor Claimant: XXXX XXXX; Designated Representative: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 October 2016
Procedural Posture
Refugee Protection Claim (irpa Ss.96/97) / Hearing and Decision (oral Hearing Sept 30, 2016; Decision Oct 28, 2016)
Outcome
Claim rejected; claims declared manifestly unfounded under section 107.1 of the Immigration and Refugee Protection Act
Legal Topics
Credibility, Manifestly Unfounded Claim, Sur Place Claim, Religious Persecution, Apostasy
Source Language
English
Immigration Refugee Law Administrative Law Credibility Manifestly Unfounded Claim Sur Place Claim Religious Persecution Apostasy

Case Brief

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Parties

XXXX XXXX XXXXXXXXXXXX XXXX

Claimant

XXXX XXXX

Minor Claimant

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Claim (irpa Ss.96/97) / Hearing and Decision (oral Hearing Sept 30, 2016; Decision Oct 28, 2016)

Legal Issues

  1. 1 Credibility of claimant's testimony and documentary evidence
  2. 2 Whether claimant has established a serious possibility of persecution on a Convention ground
  3. 3 Whether claimant faces danger of torture or risk to life or cruel and unusual treatment on return

Ratio Decidendi

Because the claimant's core factual allegations were found not credible, unsupported by corroboration, and contradicted by expected professional knowledge and internal inconsistencies, she failed to meet the legal standards to establish a risk of persecution or serious harm and the claims are manifestly unfounded under s.107.1 IRPA.

Court Disposition

Claim rejected; claims declared manifestly unfounded under section 107.1 of the Immigration and Refugee Protection Act

Orders

  • Claims rejected
  • Claims declared manifestly unfounded pursuant to s.107.1 IRPA