TB7-12053

TB7-12053

The claimant's testimony was found not credible on material facts due to internal inconsistencies, lack of corroboration, unreliable documentary evidence (FIR and newspaper article), post‑hearing rehearsed affidavits, and implausible conduct (multiple returns to Pakistan and evidence of motive to immigrate); therefore he failed to establish a well‑founded fear of persecution under s.96 or that he is in need of protection under s.97(1), and there is no credible basis for the claim under s.107(2).

Citation
TB7-12053
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 May 2018
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (reasons for Decision)
Outcome
Claim rejected; refugee protection claim dismissed
Legal Topics
Refugee Protection, Credibility Assessment, Convention Refugee, Risk of Persecution, No Credible Basis Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Assessment Convention Refugee Risk of Persecution No Credible Basis Determination

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether the claimant has a well-founded fear of persecution for a Convention ground (s.96 IRPA)
  3. 3 Whether the claimant is a person in need of protection (s.97(1) IRPA)

Ratio Decidendi

The claimant's testimony was found not credible on material facts due to internal inconsistencies, lack of corroboration, unreliable documentary evidence (FIR and newspaper article), post‑hearing rehearsed affidavits, and implausible conduct (multiple returns to Pakistan and evidence of motive to immigrate); therefore he failed to establish a well‑founded fear of persecution under s.96 or that he is in need of protection under s.97(1), and there is no credible basis for the claim under s.107(2).

Court Disposition

Claim rejected; refugee protection claim dismissed

Orders

  • Claim rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act; panel finds no credible basis for the claim pursuant to s.107(2) IRPA