TB1-09695

TB1-09695

The claim was dismissed because the claimant failed to establish his personal and national identity and political membership on a balance of probabilities, failed to produce trustworthy original identity and membership documents and gave evasive and inconsistent testimony; therefore he is neither a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1) IRPA.

Citation
TB1-09695
Parties
Claimant / Asylum Seeker: Claimant XXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 February 2012
Procedural Posture
Refugee Protection Claim Under IRPA (s.96 and S.97(1)) / Refugee Protection Division Hearing — Decision (determination)
Outcome
Claim rejected; claimant is not a Convention refugee pursuant to s.96 IRPA and not a person in need of protection pursuant to s.97(1) IRPA.
Legal Topics
Identity and Identity Documents, Credibility, Political Opinion/membership, Risk of Torture and Persecution, Burden of Proof, Procedure for Unrepresented Claimants
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Identity and Identity Documents Credibility Political Opinion/membership Risk of Torture and Persecution +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Claimant XXXXXXXXXXXXX

Claimant / Asylum Seeker

Procedural Posture

Refugee Protection Claim Under IRPA (s.96 and S.97(1)) / Refugee Protection Division Hearing — Decision (determination)

Legal Issues

  1. 1 Whether the claimant established personal and national identity
  2. 2 Whether the claimant credibly established membership in the opposition Forum for Democratic Change (FDC)
  3. 3 Whether the claimant proved a risk of torture or cruel and unusual treatment on return

Ratio Decidendi

The claim was dismissed because the claimant failed to establish his personal and national identity and political membership on a balance of probabilities, failed to produce trustworthy original identity and membership documents and gave evasive and inconsistent testimony; therefore he is neither a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1) IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee pursuant to s.96 IRPA and not a person in need of protection pursuant to s.97(1) IRPA.