MB6-02445

MB6-02445

The claimant's evidence was found not credible due to material inconsistencies with his statements and documentary records and lack of corroboration; therefore he failed to meet the required standards to establish a well‑founded fear of persecution or a risk of torture, death or cruel and unusual treatment, and his refugee protection claim was rejected.

Citation
MB6-02445
Parties
Claimant: XXXX XXXX; Respondent Minister: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 July 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision Following Hearing
Outcome
Refugee protection claim rejected
Legal Topics
Credibility Assessment, Convention Refugee Definition, Risk of Persecution, Person in Need of Protection, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Definition Risk of Persecution Person in Need of Protection Burden of Proof

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Parties

XXXX XXXX

Claimant

Minister of Immigration

Respondent Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under subsection 97(1) IRPA
  3. 3 Whether claimant's testimony is credible and sufficient to meet the applicable standards

Ratio Decidendi

The claimant's evidence was found not credible due to material inconsistencies with his statements and documentary records and lack of corroboration; therefore he failed to meet the required standards to establish a well‑founded fear of persecution or a risk of torture, death or cruel and unusual treatment, and his refugee protection claim was rejected.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim rejected