TA9-20214

TA9-20214

The panel concluded the claimant's testimony was not credible and, given contradictions and the claimant's failure to provide material documentation of prior asylum determinations, there was no serious possibility of persecution on return; accordingly the claimant is neither a Convention refugee nor a person in need of protection and the claim is rejected.

Citation
TA9-20214
Parties
Claimant (asylum Seeker): XXXXX XXXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 June 2013
Procedural Posture
Refugee Protection (irpa) / Determination/decision by Refugee Protection Division
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility Assessment, Well Founded Fear, Convention Refugee, Person in Need of Protection, Adverse Inference for Non Production of Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Well Founded Fear Convention Refugee Person in Need of Protection Adverse Inference for Non Production of Evidence

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Parties

XXXXX XXXXX

Claimant (asylum Seeker)

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection (irpa) / Determination/decision by Refugee Protection Division

Legal Issues

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

Ratio Decidendi

The panel concluded the claimant's testimony was not credible and, given contradictions and the claimant's failure to provide material documentation of prior asylum determinations, there was no serious possibility of persecution on return; accordingly the claimant is neither a Convention refugee nor a person in need of protection and the claim is rejected.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Refugee Protection Division claim rejected; no protection granted.