TB0-16010

TB0-16010

Multiple unexplained inconsistencies between the claimant's PIF, immigration notes and oral testimony led the panel to conclude on the balance of probabilities that the alleged kidnapping did not occur and the claimant manufactured his story; therefore he failed to establish a serious possibility of persecution or personal risk and is neither a Convention refugee nor a person in need of protection.

Citation
TB0-16010
Parties
Claimant (asylum Claimant): XXXX XXXX XXXX XXXX; Respondent (minister): Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 July 2013
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing Concluded; Decision on Merits Rendered (reasons and Decision)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Persecution, Risk of Torture, Manufactured Claim, Consistency of Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Convention Refugee Person in Need of Protection Persecution Risk of Torture +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Claimant (asylum Claimant)

Minister

Respondent (minister)

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing Concluded; Decision on Merits Rendered (reasons and Decision)

Legal Issues

  1. 1 Whether the claimant faces a serious possibility of persecution
  2. 2 Whether the claimant faces a risk to life, risk of torture or risk of cruel and unusual treatment or punishment
  3. 3 Whether the claimant's account of a kidnapping is credible

Ratio Decidendi

Multiple unexplained inconsistencies between the claimant's PIF, immigration notes and oral testimony led the panel to conclude on the balance of probabilities that the alleged kidnapping did not occur and the claimant manufactured his story; therefore he failed to establish a serious possibility of persecution or personal risk and is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Refugee Protection Division rejects the claim (Reasons and Decision dated July 25, 2013).