TB2-12181

TB2-12181

Although the claimant's identity and country of origin were established, the panel made negative credibility findings as to multiple key documents and pivotal oral evidence (document errors, inconsistencies, omissions and credible reports of falsified documents in Nigeria); on that basis the claimant failed to prove a serious possibility of persecution on a Convention ground or, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment under s.97, and the claim was rejected.

Citation
TB2-12181
Parties
Claimant: XXXX XXXX XXXX; Respondent: Government of Canada; Member: E. Joanne Sajtos
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 April 2018
Procedural Posture
Refugee Protection Claim Under IRPA Sections 96 and 97 / Hearing and Oral Negative Decision; Written Reasons Issued
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Document Fraud, Political Opinion (imputed), Gender Based Persecution, Forced Marriage, Sexual Assault, Convention Refugee Determination, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Document Fraud Political Opinion (imputed) Gender Based Persecution Forced Marriage +3 more

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Parties

XXXX XXXX XXXX

Claimant

Government of Canada

Respondent

E. Joanne Sajtos

Member

Procedural Posture

Refugee Protection Claim Under IRPA Sections 96 and 97 / Hearing and Oral Negative Decision; Written Reasons Issued

Legal Issues

  1. 1 Identity verification
  2. 2 Credibility of documentary and oral evidence
  3. 3 Whether persecution on a Convention ground (imputed political opinion, gender) exists

Ratio Decidendi

Although the claimant's identity and country of origin were established, the panel made negative credibility findings as to multiple key documents and pivotal oral evidence (document errors, inconsistencies, omissions and credible reports of falsified documents in Nigeria); on that basis the claimant failed to prove a serious possibility of persecution on a Convention ground or, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment under s.97, and the claim was rejected.

Court Disposition

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

Orders

  • Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.