TB5-10676

TB5-10676

The claimant failed to discharge the onus on a balance of probabilities because key allegations (conversion to Christianity and the alleged interrogation/threat at work) were implausible, unsupported by corroborating evidence, inconsistent with conduct (remaining in the United States without claiming asylum), and therefore the claim lacked credibility and was manifestly unfounded; accordingly protection under ss.96 and 97 was denied.

Citation
TB5-10676
Parties
Claimant: XXXX XXXX XXXX XXXX; Counsel for Claimant: Razgar Hasan; Presiding Member: Mr. David Young; Interpreter: Jalas Dehzani
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 December 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97) / Oral Hearing With Written Reasons Following Negative Decision (referral/hearing Concluded)
Outcome
Refugee protection claim denied; claim determined to be manifestly unfounded
Legal Topics
Refugee Protection, Credibility Assessment, Conversion/apostasy, Failure to Seek Protection in Third Country, Manifestly Unfounded Claim, Risk of Torture/crsv
Source Language
English
Refugee Law Immigration Law Human Rights Administrative Law Refugee Protection Credibility Assessment Conversion/apostasy Failure to Seek Protection in Third Country +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Razgar Hasan

Counsel for Claimant

Mr. David Young

Presiding Member

Jalas Dehzani

Interpreter

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97) / Oral Hearing With Written Reasons Following Negative Decision (referral/hearing Concluded)

Legal Issues

  1. 1 Whether claimant established a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant would, on the balance of probabilities, be personally subjected to torture or risk to life or cruel and unusual treatment under s.97(1)
  3. 3 Whether the claimant genuinely converted to Christianity

Ratio Decidendi

The claimant failed to discharge the onus on a balance of probabilities because key allegations (conversion to Christianity and the alleged interrogation/threat at work) were implausible, unsupported by corroborating evidence, inconsistent with conduct (remaining in the United States without claiming asylum), and therefore the claim lacked credibility and was manifestly unfounded; accordingly protection under ss.96 and 97 was denied.

Court Disposition

Refugee protection claim denied; claim determined to be manifestly unfounded

Orders

  • Refugee claim denied
  • Claim declared manifestly unfounded