TB0-01151

TB0-01151

The claimant's credibility was substantially undermined by a likely fraudulent Nigerian driver's licence and material inconsistencies between documentary and oral statements; even accepting identity, on the balance of probabilities a viable and reasonable internal flight alternative existed in Ibadan or Abuja and there was no serious risk of torture or cruel and unusual treatment; therefore the claimant does not meet the tests for Convention refugee status or for being a person in need of protection under IRPA.

Citation
TB0-01151
Parties
Claimant: XXXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 November 2011
Procedural Posture
Refugee Protection (irpa) / Hearing and Decision (reasons and Decision)
Outcome
Claim rejected: not a Convention refugee and not a person in need of protection under IRPA
Legal Topics
Convention Refugee, Person in Need of Protection, Internal Flight Alternative, Credibility, Identity Documents, Convention Against Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Internal Flight Alternative Credibility Identity Documents +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXXXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (irpa) / Hearing and Decision (reasons and Decision)

Legal Issues

  1. 1 Identity and authenticity of identity document
  2. 2 Credibility of claimant's narrative
  3. 3 Availability and reasonableness of internal flight alternative

Ratio Decidendi

The claimant's credibility was substantially undermined by a likely fraudulent Nigerian driver's licence and material inconsistencies between documentary and oral statements; even accepting identity, on the balance of probabilities a viable and reasonable internal flight alternative existed in Ibadan or Abuja and there was no serious risk of torture or cruel and unusual treatment; therefore the claimant does not meet the tests for Convention refugee status or for being a person in need of protection under IRPA.

Court Disposition

Claim rejected: not a Convention refugee and not a person in need of protection under IRPA

Orders

  • Refugee Protection Division rejects the claimant's refugee protection claim (not a Convention refugee; not a person in need of protection)