TB5-05940

TB5-05940

The claim is rejected because the claimant's evidence was found not credible on a balance of probabilities due to multiple material contradictions and implausibilities across her testimony and supporting documents; as a result she failed to prove a serious possibility of persecution under section 96 or a risk under section 97.

Citation
TB5-05940
Parties
Claimant: XXXX XXXX XXXX XXXX; Counsel for Claimant: El-Farouk Khaki; Interpreter: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 July 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97) / Hearing and Oral Negative Decision With Written Reasons (refugee Protection Division)
Outcome
Claim for refugee protection rejected; negative decision
Legal Topics
Refugee Protection, Credibility Assessment, Sexual Orientation Persecution, Country Conditions, Delay in Making Claim
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Refugee Protection Credibility Assessment Sexual Orientation Persecution Country Conditions +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

El-Farouk Khaki

Counsel for Claimant

N/A

Interpreter

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97) / Hearing and Oral Negative Decision With Written Reasons (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant faces a serious possibility of persecution on a Convention ground (sexual orientation)
  2. 2 Whether claimant faces risk of torture, risk to life or cruel and unusual punishment under section 97 on return
  3. 3 Whether the claimant's evidence is credible on a balance of probabilities

Ratio Decidendi

The claim is rejected because the claimant's evidence was found not credible on a balance of probabilities due to multiple material contradictions and implausibilities across her testimony and supporting documents; as a result she failed to prove a serious possibility of persecution under section 96 or a risk under section 97.

Court Disposition

Claim for refugee protection rejected; negative decision

Orders

  • Refugee Protection Division decision: claim rejected
  • No protection granted under sections 96 or 97 of the Immigration and Refugee Protection Act