TB7-12033

TB7-12033

The panel rejected the claim because the claimant was not credible on central facts due to inconsistent testimony, failure to produce documentation, inability to identify the alleged persecutor, and deliberate failure to seek asylum in the United States despite access and experience with US authorities; on a balance of probabilities the claimant did not establish that he is a Convention refugee or a person in need of protection, and the claim has no credible basis under s.107(2) IRPA.

Citation
TB7-12033
Parties
Claimant: XXXX XXXX XXXX; Counsel for Claimant: Jeffrey L. Goldman; Interpreter: J. Comrie
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 August 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Oral Negative Decision (written Reasons Issued)
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection; claim found to have no credible basis under s.107(2) IRPA.
Legal Topics
Credibility Assessment, No Credible Basis (s.107(2) Irpa), Failure to Seek Asylum in the United States, Documentary Evidence Obligations, Country Conditions, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment No Credible Basis (s.107(2) Irpa) Failure to Seek Asylum in the United States Documentary Evidence Obligations Country Conditions +1 more

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Parties

XXXX XXXX XXXX

Claimant

Jeffrey L. Goldman

Counsel for Claimant

J. Comrie

Interpreter

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Oral Negative Decision (written Reasons Issued)

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether the claimant established refugee status or need for protection on a balance of probabilities
  3. 3 Whether the claimant failed to take available steps to seek protection in the United States

Ratio Decidendi

The panel rejected the claim because the claimant was not credible on central facts due to inconsistent testimony, failure to produce documentation, inability to identify the alleged persecutor, and deliberate failure to seek asylum in the United States despite access and experience with US authorities; on a balance of probabilities the claimant did not establish that he is a Convention refugee or a person in need of protection, and the claim has no credible basis under s.107(2) IRPA.

Court Disposition

Claim rejected; claimant found neither a Convention refugee nor a person in need of protection; claim found to have no credible basis under s.107(2) IRPA.

Orders

  • Refugee claim rejected; claim has no credible basis within the meaning of s.107(2) IRPA