TB2-02809

TB2-02809

The panel rejected the claimant's evidence as not credible due to inconsistencies, omissions and lack of corroboration, and on that basis concluded the claimant failed to establish a well‑founded fear of persecution for a Convention ground and failed to show a personalized risk under s.97(1)(b); claim is dismissed.

Source-derived case information.

Citation
TB2-02809
Parties
Claimant: XXXX XXXX XXXX; Respondent: Government of Canada / Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 December 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (final Determination)
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection under s.97(1)(b).
Legal Topics
Credibility, Persecution, State Protection, Risk to Life/cruel and Unusual Treatment/torture (s.97(1)(b)), Identity, Delay and Failure to Claim Elsewhere
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Persecution State Protection Risk to Life/cruel and Unusual Treatment/torture (s.97(1)(b)) Identity +1 more

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Parties

XXXX XXXX XXXX

Claimant

Government of Canada / Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (final Determination)

Legal Issues

  1. 1 Identity
  2. 2 Subjective fear of persecution
  3. 3 Delay in departure and failure to claim in the United States

Ratio Decidendi

The panel rejected the claimant's evidence as not credible due to inconsistencies, omissions and lack of corroboration, and on that basis concluded the claimant failed to establish a well‑founded fear of persecution for a Convention ground and failed to show a personalized risk under s.97(1)(b); claim is dismissed.

Court Disposition

Claim rejected; claimant is not a Convention refugee and is not a person in need of protection under s.97(1)(b).

Orders

  • Claim dismissed; protection denied.