TB1-05080

TB1-05080

The claimant's testimony is not credible and is insufficiently corroborated; absent credible evidence of past persecution or nexus to a Convention ground and given that alleged harms amount to generalized criminality rather than targeted persecution, the claimant does not meet the tests for either a Convention refugee under s.96 or a person in need of protection under s.97 of the IRPA.

Citation
TB1-05080
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 January 2014
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision Rendered
Outcome
Claim rejected: not a Convention refugee under s.96 and not a person in need of protection under s.97 IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Particular Social Group, Generalized Risk, Sun Sea Arrivals
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Particular Social Group Generalized Risk +1 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision Rendered

Legal Issues

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

Ratio Decidendi

The claimant's testimony is not credible and is insufficiently corroborated; absent credible evidence of past persecution or nexus to a Convention ground and given that alleged harms amount to generalized criminality rather than targeted persecution, the claimant does not meet the tests for either a Convention refugee under s.96 or a person in need of protection under s.97 of the IRPA.

Court Disposition

Claim rejected: not a Convention refugee under s.96 and not a person in need of protection under s.97 IRPA.