MB2-04751

MB2-04751

The claim is rejected because the panel found the claimant not credible due to inconsistencies and suspect documents, concluded state authorities in Russia had taken steps indicating protection was available, and determined there was no serious possibility of persecution or risk of torture or cruel treatment nor a nexus to a Convention ground; an internal flight alternative existed.

Citation
MB2-04751
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 May 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision After Hearing
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility Assessment, State Protection, Internal Flight Alternative, Gender Based Persecution, Documentary Evidence Authenticity
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Credibility Assessment State Protection Internal Flight Alternative Gender Based Persecution +1 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or person in need of protection
  2. 2 Credibility of claimant's testimony and documentary evidence
  3. 3 Whether state protection in Russia was available and effective

Ratio Decidendi

The claim is rejected because the panel found the claimant not credible due to inconsistencies and suspect documents, concluded state authorities in Russia had taken steps indicating protection was available, and determined there was no serious possibility of persecution or risk of torture or cruel treatment nor a nexus to a Convention ground; an internal flight alternative existed.

Court Disposition

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