TB2-12940

TB2-12940

The claim is rejected because the claimant failed, on a balance of probabilities, to establish her identity and provided implausible and inconsistent explanations for missing identity documents and key facts; absent established identity the panel did not find a serious possibility of persecution or a risk to life, torture, or cruel and unusual treatment.

Citation
TB2-12940
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 November 2018
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97(1)) / Hearing and Decision (reasons and Decision)
Outcome
Claim rejected
Legal Topics
Identity and Documentation, Credibility Assessment, Convention Refugee Determination, Person in Need of Protection, Women at Risk, Procedural Compliance (rpd Rules)
Source Language
English
Immigration Law Refugee Law Administrative Law Identity and Documentation Credibility Assessment Convention Refugee Determination Person in Need of Protection Women at Risk +1 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97(1)) / Hearing and Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimant established her identity on a balance of probabilities
  2. 2 Whether the claimant is a Convention refugee under section 96 IRPA
  3. 3 Whether the claimant is a person in need of protection under section 97(1) IRPA

Ratio Decidendi

The claim is rejected because the claimant failed, on a balance of probabilities, to establish her identity and provided implausible and inconsistent explanations for missing identity documents and key facts; absent established identity the panel did not find a serious possibility of persecution or a risk to life, torture, or cruel and unusual treatment.

Court Disposition

Claim rejected

Orders

  • Claimant is neither a Convention refugee under section 96 IRPA nor a person in need of protection under section 97(1) IRPA; claim dismissed