MB2-05547

MB2-05547

The claim was denied because the panel found the claimant not credible due to multiple material contradictions between her PIF, testimony and documents, unresolved identity and documentary inconsistencies, and therefore she failed to discharge the burden to show a real risk of persecution or need for protection on return.

Citation
MB2-05547
Parties
Claimant: XXXX XXXX; Designated Representative: Manuel, Odette Isabel; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 September 2013
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (rpd)
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Forced Marriage, Child Refugee Claimant, Credibility Assessment, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Gender Based Persecution Forced Marriage Child Refugee Claimant Credibility Assessment Convention Refugee Determination

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Parties

XXXX XXXX

Claimant

Manuel, Odette Isabel

Designated Representative

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (rpd)

Legal Issues

  1. 1 Whether claimant established membership of a Convention ground (women victims of forced marriage)
  2. 2 Whether claimant's identity and documentary evidence were reliable
  3. 3 Whether claimant proved a real risk of persecution, torture, death or cruel treatment on return

Ratio Decidendi

The claim was denied because the panel found the claimant not credible due to multiple material contradictions between her PIF, testimony and documents, unresolved identity and documentary inconsistencies, and therefore she failed to discharge the burden to show a real risk of persecution or need for protection on return.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection.

Orders

  • Refugee protection claim rejected.