MB5-04187

MB5-04187

The panel found the claimant not credible on key facts due to significant unexplained delay in claiming protection, inconsistent and unpersuasive explanations (including about his mother's return and his father's conduct), and documentary evidence that undermined the asserted ongoing threats (notably the father's and associate's return to Benin); on balance of probabilities the claimant would not face a serious possibility of persecution and thus is neither a Convention refugee nor a person in need of protection and there is no credible basis for the claim.

Citation
MB5-04187
Parties
Claimant: XXXX XXXX XXXX; Minister's Representative: Minister of Citizenship and Immigration (represented); Panel Member / Decision Maker: Julie Morin
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 January 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (reasons and Decision Dated January 18, 2016)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection; no credible basis found for the claim.
Legal Topics
Credibility Assessment, Credible Basis, Convention Refugee, Person in Need of Protection, Delay in Claiming Protection, Country Conditions, Family Risk
Source Language
English
Immigration Law Refugee Law Credibility Assessment Credible Basis Convention Refugee Person in Need of Protection Delay in Claiming Protection Country Conditions +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration (represented)

Minister's Representative

Julie Morin

Panel Member / Decision Maker

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (reasons and Decision Dated January 18, 2016)

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 there is a credible basis for the claim

Ratio Decidendi

The panel found the claimant not credible on key facts due to significant unexplained delay in claiming protection, inconsistent and unpersuasive explanations (including about his mother's return and his father's conduct), and documentary evidence that undermined the asserted ongoing threats (notably the father's and associate's return to Benin); on balance of probabilities the claimant would not face a serious possibility of persecution and thus is neither a Convention refugee nor a person in need of protection and there is no credible basis for the claim.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection; no credible basis found for the claim.

Orders

  • Claim rejected by the Refugee Protection Division