TB8-23998

TB8-23998

The panel rejected the claim because, on a balance of probabilities, the claimant was not credible due to material inconsistencies and the submission of non‑genuine documents which undermined the central allegations; therefore no serious possibility of persecution was established and the claim is manifestly unfounded under s.107.1 IRPA.

Citation
TB8-23998
Parties
Claimant: XXXX XXXX; Respondent (minister): Minister of Immigration, Refugees and Citizenship Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 June 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Decision Issued (hearing May 7, 2019; Decision and Reasons June 19, 2019)
Outcome
Claim rejected: not a Convention refugee (s.96 IRPA), not a person in need of protection (s.97 IRPA); claim found manifestly unfounded (s.107.1 IRPA).
Legal Topics
Credibility Assessment, Manifestly Unfounded Claim, Forgery and Non‑genuine Documents, Convention Refugee Determination, Persecution Based on Sexual Orientation/association
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Manifestly Unfounded Claim Forgery and Non‑genuine Documents Convention Refugee Determination Persecution Based on Sexual Orientation/association

Case Brief

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Parties

XXXX XXXX

Claimant

Minister of Immigration, Refugees and Citizenship Canada

Respondent (minister)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Decision Issued (hearing May 7, 2019; Decision and Reasons June 19, 2019)

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether the documents submitted are genuine
  3. 3 Whether the claimant has established membership/association with the LGBTQ community and provision of medical services as alleged

Ratio Decidendi

The panel rejected the claim because, on a balance of probabilities, the claimant was not credible due to material inconsistencies and the submission of non‑genuine documents which undermined the central allegations; therefore no serious possibility of persecution was established and the claim is manifestly unfounded under s.107.1 IRPA.

Court Disposition

Claim rejected: not a Convention refugee (s.96 IRPA), not a person in need of protection (s.97 IRPA); claim found manifestly unfounded (s.107.1 IRPA).

Orders

  • Claim dismissed under sections 96 and 97 of the Immigration and Refugee Protection Act
  • Claim declared manifestly unfounded pursuant to section 107.1 of the Immigration and Refugee Protection Act