TB0-12870

TB0-12870

The tribunal rejected the claims because the claimant was found not credible due to material inconsistencies and implausibilities in her account, the absence of independent supporting documentation, and no evidence was provided that state protection in the USA was inadequate; therefore the claimant failed to establish a serious possibility of persecution or other serious harm, warranting rejection under ss.96 and 97 IRPA.

Citation
TB0-12870
Parties
Claimant: XXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXXXX); Claimant: XXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 November 2011
Procedural Posture
Refugee Protection Claim (immigration Refugee Protection Act) / Decision (reasons and Decision)
Outcome
Claims rejected
Legal Topics
Credibility Assessment, State Protection, Persecution, Sexual Assault, Burden of Proof, IRPA Ss.96 and 97
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment State Protection Persecution Sexual Assault Burden of Proof +1 more

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Parties

XXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXXXX)

Claimant

XXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim (immigration Refugee Protection Act) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether state protection in the USA was inadequate
  2. 2 Whether the claimant's account of persecution in Albania was credible
  3. 3 Whether the claimant established a serious possibility of persecution or other serious harm on return to Albania

Ratio Decidendi

The tribunal rejected the claims because the claimant was found not credible due to material inconsistencies and implausibilities in her account, the absence of independent supporting documentation, and no evidence was provided that state protection in the USA was inadequate; therefore the claimant failed to establish a serious possibility of persecution or other serious harm, warranting rejection under ss.96 and 97 IRPA.

Court Disposition

Claims rejected

Orders

  • Refugee Protection Division rejects the claims pursuant to ss.96 and 97 of the Immigration and Refugee Protection Act