TB5-00447

TB5-00447

Material inconsistencies, omissions and lack of corroboration (including contradictory testimony about presence at mosque attacks, inconsistent account of hiding with uncle, omission of alleged incidents from supporting letters, and passport/biometrics discrepancy) rendered the claimant's testimony not credible on a balance of probabilities; therefore the claimant failed to establish a well-founded fear of persecution on a Convention ground or a personal risk of torture or cruel and unusual treatment and the claim is rejected.

Citation
TB5-00447
Parties
Claimant/asylum Seeker: XXXX XXXX XXXX XXXX; Respondent/minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 April 2015
Procedural Posture
Refugee Protection Claim Under IRPA / Decision After Merits Hearing
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk of Persecution, Risk of Torture/cruel and Unusual Treatment, Evidentiary Burden
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Risk of Persecution Risk of Torture/cruel and Unusual Treatment Evidentiary Burden

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Parties

XXXX XXXX XXXX XXXX

Claimant/asylum Seeker

Minister of Citizenship and Immigration

Respondent/minister

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Merits Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under IRPA
  2. 2 Whether the claimant is a person in need of protection (risk to life or torture/cruel and unusual treatment)
  3. 3 Credibility and consistency of claimant's testimony and supporting documents

Ratio Decidendi

Material inconsistencies, omissions and lack of corroboration (including contradictory testimony about presence at mosque attacks, inconsistent account of hiding with uncle, omission of alleged incidents from supporting letters, and passport/biometrics discrepancy) rendered the claimant's testimony not credible on a balance of probabilities; therefore the claimant failed to establish a well-founded fear of persecution on a Convention ground or a personal risk of torture or cruel and unusual treatment and the claim is rejected.

Court Disposition

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