TB7-08422

TB7-08422

Claim dismissed because the panel found the claimant not credible on a balance of probabilities—material contradictions, omissions and a fraudulent medical document, together with demonstrated misrepresentation and motive to regularize status, meant there was no credible basis under s.107(2) IRPA and the claim therefore failed under ss.96 and 97.

Citation
TB7-08422
Parties
Claimant/asylum Seeker: XXXX XXXX; Respondent/minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 July 2018
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision Following Hearing
Outcome
Claim rejected; no credible basis found under s.107(2) IRPA; claim also rejected under ss.96 and 97 of IRPA
Legal Topics
Membership in a Particular Social Group, Credibility Assessment, State Protection, Misrepresentation and Fraud, Delay in Filing, Use of False Travel Documents, Family Sponsorship
Source Language
English
Immigration Law Refugee Law Administrative Law Membership in a Particular Social Group Credibility Assessment State Protection Misrepresentation and Fraud Delay in Filing +2 more

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Parties

XXXX XXXX

Claimant/asylum Seeker

Minister of Citizenship and Immigration

Respondent/minister

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a member of a particular social group (blood feud)
  2. 2 Whether claimant's evidence is credible and trustworthy
  3. 3 Whether the claimant sought or could obtain state protection

Ratio Decidendi

Claim dismissed because the panel found the claimant not credible on a balance of probabilities—material contradictions, omissions and a fraudulent medical document, together with demonstrated misrepresentation and motive to regularize status, meant there was no credible basis under s.107(2) IRPA and the claim therefore failed under ss.96 and 97.

Court Disposition

Claim rejected; no credible basis found under s.107(2) IRPA; claim also rejected under ss.96 and 97 of IRPA

Orders

  • Refugee protection claim dismissed; protection not granted