TB0-08345

TB0-08345

The claimant's PIF omissions, inconsistent and implausible testimony, failure to obtain reasonably available corroborating documents, and contradictions with reliable country information collectively destroy his credibility; absent credible documentary support the claim fails and he is neither a Convention refugee nor a person in need of protection.

Citation
TB0-08345
Parties
Claimant: XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration; Adjudicator: M. Pettinella
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 August 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Final Decision
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Religious Persecution, Corroboration, Sur Place Claims, Negative Inferences
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Religious Persecution Corroboration Sur Place Claims Negative Inferences

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent (minister)

M. Pettinella

Adjudicator

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Final Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant's evidence of membership in an illegal house church and PSB persecution is credible

Ratio Decidendi

The claimant's PIF omissions, inconsistent and implausible testimony, failure to obtain reasonably available corroborating documents, and contradictions with reliable country information collectively destroy his credibility; absent credible documentary support the claim fails and he is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the claimant's refugee protection claim