MB1-01622

MB1-01622

The claimant's account was found to be fabricated and materially inconsistent with contemporaneous documents (pre‑PIF responses and bank statements), there is no nexus to a protected ground and no serious possibility of persecution or risk to life or cruel and unusual treatment on return; therefore the claim fails under s.96 and s.97(1).

Citation
MB1-01622
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 September 2014
Procedural Posture
Refugee Protection (rpd) / Decision on Claim
Outcome
Claim dismissed. Claimant is not a Convention refugee under section 96 and not a person in need of protection under section 97(1).
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, State Protection, Risk of Persecution, Financial Dispute
Source Language
English
Immigration Refugee Law Convention Refugee Person in Need of Protection Credibility Assessment State Protection Risk of Persecution Financial Dispute

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (rpd) / Decision on Claim

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether claimant is a person in need of protection under section 97(1) of the Act
  3. 3 Whether claimant's evidence is credible and consistent with contemporaneous documents

Ratio Decidendi

The claimant's account was found to be fabricated and materially inconsistent with contemporaneous documents (pre‑PIF responses and bank statements), there is no nexus to a protected ground and no serious possibility of persecution or risk to life or cruel and unusual treatment on return; therefore the claim fails under s.96 and s.97(1).

Court Disposition

Claim dismissed. Claimant is not a Convention refugee under section 96 and not a person in need of protection under section 97(1).

Orders

  • Claim dismissed — not a Convention refugee and not a person in need of protection.