MB7-00424

MB7-00424

Although the tribunal accepted the weight of identity evidence overall, pervasive contradictions, omissions and conduct inconsistent with an asserted fear undermined the claimant's credibility and the probative value of key documents; accordingly the claimant failed to establish on a balance of probabilities that he was a Convention refugee or a person in need of protection and his claim was rejected.

Citation
MB7-00424
Parties
Claimant: XXXX XXXX XXXX; Respondent Minister: Minister of Public Safety and Emergency Preparedness / Minister (represented); Adjudicator: Michel Colin
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 May 2017
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (reasons Rendered)
Outcome
Refugee protection claim rejected; claimant not found to be a Convention refugee or a person in need of protection
Legal Topics
Credibility Assessment, Identity Documents, Convention Refugee Determination, Person in Need of Protection, Political Opinion/membership, Asylum Procedure
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Identity Documents Convention Refugee Determination Person in Need of Protection Political Opinion/membership +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness / Minister (represented)

Respondent Minister

Michel Colin

Adjudicator

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (reasons Rendered)

Legal Issues

  1. 1 Whether the claimant established his identity on a balance of probabilities
  2. 2 Whether the claimant was credible about the events of XXXX 2016 and risk of persecution
  3. 3 Whether the claimant met the definition of a Convention refugee or a person in need of protection under IRPA ss.96 and 97

Ratio Decidendi

Although the tribunal accepted the weight of identity evidence overall, pervasive contradictions, omissions and conduct inconsistent with an asserted fear undermined the claimant's credibility and the probative value of key documents; accordingly the claimant failed to establish on a balance of probabilities that he was a Convention refugee or a person in need of protection and his claim was rejected.

Court Disposition

Refugee protection claim rejected; claimant not found to be a Convention refugee or a person in need of protection

Orders

  • Claimant's refugee protection claim is dismissed