TB7-14616

TB7-14616

The claimant's testimony and supporting witness evidence were found generally not credible due to material omissions, inconsistencies and evasive answers; there is no independent credible evidence linking the claimant to persecution on a Convention ground; accordingly, on the evidence before the panel there is not a serious possibility of persecution and, pursuant to s.107(2) IRPA, the claim has no credible basis and must be rejected.

Citation
TB7-14616
Parties
Claimant: XXXX XXXX XXXX XXXX; Minister's Counsel: WSO; Adjudicator: Yonatan Rozenszajn
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 September 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Oral Reasons Rendered; Written Reasons to Follow; Decision Issued Rejecting Claim
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection; claim found to have no credible basis
Legal Topics
Refugee Claim, Sexual Orientation and Gender Identity (sogie), Credibility Assessment, No Credible Basis (s.107(2) Irpa), State Protection, Risk of Persecution, Guidelines on Women Refugee Claimants
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Refugee Claim Sexual Orientation and Gender Identity (sogie) Credibility Assessment No Credible Basis (s.107(2) Irpa) +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

WSO

Minister's Counsel

Yonatan Rozenszajn

Adjudicator

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Oral Reasons Rendered; Written Reasons to Follow; Decision Issued Rejecting Claim

Legal Issues

  1. 1 Whether claimant is a lesbian and therefore a member of a Convention ground
  2. 2 Whether claimant faces a serious possibility of persecution or risk under ss.96-97 IRPA on return to Jamaica
  3. 3 Whether claimant's evidence is credible and whether there is any credible basis under s.107(2) IRPA

Ratio Decidendi

The claimant's testimony and supporting witness evidence were found generally not credible due to material omissions, inconsistencies and evasive answers; there is no independent credible evidence linking the claimant to persecution on a Convention ground; accordingly, on the evidence before the panel there is not a serious possibility of persecution and, pursuant to s.107(2) IRPA, the claim has no credible basis and must be rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection; claim found to have no credible basis

Orders

  • Claimant's refugee protection claim is rejected
  • No credible basis finding pursuant to s.107(2) IRPA