TB5-11140

TB5-11140

The claimant's testimony contained material omissions and implausible conduct (notably leaving U.S. protection), documentary evidence was weak, and recent country information indicates returnees like the claimant are not routinely persecuted; on credibility grounds and in light of country evidence the panel found no serious possibility of persecution and no need for protection.

Citation
TB5-11140
Parties
Claimant: XXXX XXXX XXXX XXXX; Minister: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 November 2017
Procedural Posture
Refugee Protection Claim / Hearing and Final Decision
Outcome
Claim rejected
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk of Persecution, Country Conditions (cuba), Protection Claim
Source Language
English
Immigration Law Refugee Law Human Rights Law Credibility Assessment Convention Refugee Determination Risk of Persecution Country Conditions (cuba) Protection Claim

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister of Immigration

Minister

Procedural Posture

Refugee Protection Claim / 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 (risk of torture, death, or cruel and unusual treatment)
  3. 3 Credibility of claimant's testimony and consistency with documentary record

Ratio Decidendi

The claimant's testimony contained material omissions and implausible conduct (notably leaving U.S. protection), documentary evidence was weak, and recent country information indicates returnees like the claimant are not routinely persecuted; on credibility grounds and in light of country evidence the panel found no serious possibility of persecution and no need for protection.

Court Disposition

Claim rejected

Orders

  • Refugee protection claim dismissed; claimant is neither a Convention refugee nor a person in need of protection