TB1-09114

TB1-09114

The panel found the claimant failed to prove on the required standard that he would face a serious possibility of persecution or risk to life or risk of torture on return; country evidence showed discrimination short of persecution, corroboration and credibility were inadequate, and compelling reasons did not apply, therefore the claim is rejected.

Citation
TB1-09114
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 March 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Persecution, Credibility, Country Conditions, Compelling Reasons
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Persecution Credibility Country Conditions +1 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under section 97 IRPA
  3. 3 Credibility and corroboration of claimant's allegations

Ratio Decidendi

The panel found the claimant failed to prove on the required standard that he would face a serious possibility of persecution or risk to life or risk of torture on return; country evidence showed discrimination short of persecution, corroboration and credibility were inadequate, and compelling reasons did not apply, therefore the claim is rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Refugee Protection Division denies the claim and issues no protection finding