TA9-08850

TA9-08850

The claim is rejected because the claimant's evidence was found not credible due to inconsistencies and lack of reasonably available corroboration, and on the balance of probabilities removal to Turkey would not expose him personally to death, torture or cruel and unusual treatment; therefore he is neither a Convention refugee under s.96 nor a person in need of protection under s.97 IRPA.

Citation
TA9-08850
Parties
Claimant (asylum Claimant): XXXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 November 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (merits Determination)
Outcome
Claim rejected; claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97 IRPA
Legal Topics
Political Opinion, Ethnicity (kurd), Arbitrary Arrest and Detention, Credibility and Corroboration, Failure to Seek Protection in Other Countries, Risk Assessment Under S.97, Convention Refugee Test S.96
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law Human Rights Political Opinion Ethnicity (kurd) Arbitrary Arrest and Detention Credibility and Corroboration +3 more

Case Brief

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Parties

XXXXX

Claimant (asylum Claimant)

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (merits Determination)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether the claimant's evidence is credible and corroborated

Ratio Decidendi

The claim is rejected because the claimant's evidence was found not credible due to inconsistencies and lack of reasonably available corroboration, and on the balance of probabilities removal to Turkey would not expose him personally to death, torture or cruel and unusual treatment; therefore he is neither a Convention refugee under s.96 nor a person in need of protection under s.97 IRPA.

Court Disposition

Claim rejected; claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97 IRPA