TB2-04688

TB2-04688

Claim rejected because the claimant failed to provide sufficiently credible and trustworthy evidence to establish that she is a Convention refugee or a person in need of protection; material inconsistencies between testimony and objective records (medical report, newspaper articles), failure to seek available...

Source-derived case information.

Citation
TB2-04688
Parties
Claimant: XXXX XXXX XXXX; Respondent: Government of Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 September 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Reasons for Decision (final Decision)
Outcome
Claim rejected — claimant is not a Convention refugee and is not a person in need of protection under ss.96-97 of the IRPA
Legal Topics
Convention Refugee (s.96), Person in Need of Protection (s.97), Credibility Assessment, State Protection, Application of Guidelines on Women Refugee Claimants Fearing Gender Related Persecution, Country Conditions
Source Language
english
Immigration Refugee Law Gender Based Persecution Convention Refugee (s.96) Person in Need of Protection (s.97) Credibility Assessment State Protection Application of Guidelines on Women Refugee Claimants Fearing Gender Related Persecution +1 more

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Parties

XXXX XXXX XXXX

Claimant

Government of Canada

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Reasons for Decision (final Decision)

Legal Issues

  1. 1 Whether the claimant meets the definition of a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97(1) of the IRPA
  3. 3 Whether the claimant's evidence is credible and trustworthy

Ratio Decidendi

Claim rejected because the claimant failed to provide sufficiently credible and trustworthy evidence to establish that she is a Convention refugee or a person in need of protection; material inconsistencies between testimony and objective records (medical report, newspaper articles), failure to seek available assistance or to regularize status, and lack of persuasive corroborative medical/psychiatric evidence fatally undermined the claim of a serious possibility of persecution under ss.96 or 97.

Court Disposition

Claim rejected — claimant is not a Convention refugee and is not a person in need of protection under ss.96-97 of the IRPA

Orders

  • Refugee protection claim is rejected; no further relief granted in this decision