MB5-03167

MB5-03167

The claimant's testimony was found not credible due to material contradictions, omissions and vagueness and behaviour inconsistent with a person fearing for life; supporting documents and country information did not compensate for lack of credible, claimant-specific evidence; therefore claimant failed to meet the burden under ss.96 and 97(1) and there was no credible basis under s.107(2).

Citation
MB5-03167
Parties
Claimant: XXXX XXXX; Intervenor: Minister of Public Safety Canada; Adjudicator: Immigration and Refugee Board, Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 March 2016
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision Following Hearing and Written Reasons
Outcome
Claim for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection; no credible basis found under s.107(2) of the Act.
Legal Topics
Credibility Assessment, No Credible Basis Finding (s.107(2)), Convention Refugee, Risk of Persecution, State Protection, Delay in Claiming Asylum
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment No Credible Basis Finding (s.107(2)) Convention Refugee Risk of Persecution State Protection +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister of Public Safety Canada

Intervenor

Immigration and Refugee Board, Refugee Protection Division

Adjudicator

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision Following Hearing and Written Reasons

Legal Issues

  1. 1 Whether claimant established a serious possibility of persecution on a Convention ground under s.96
  2. 2 Whether claimant demonstrated on a balance of probabilities risk of torture, risk to life or cruel and unusual treatment under s.97(1)
  3. 3 Whether there is a no credible basis under s.107(2)

Ratio Decidendi

The claimant's testimony was found not credible due to material contradictions, omissions and vagueness and behaviour inconsistent with a person fearing for life; supporting documents and country information did not compensate for lack of credible, claimant-specific evidence; therefore claimant failed to meet the burden under ss.96 and 97(1) and there was no credible basis under s.107(2).

Court Disposition

Claim for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection; no credible basis found under s.107(2) of the Act.

Orders

  • Claim for refugee protection is rejected; claimant is not a Convention refugee and not a person in need of protection.