TB2-13933

TB2-13933

Claim rejected because the Board found the claimant not credible due to material inconsistencies, non‑responsive and vague testimony, unreliable or uncorroborated documentary evidence, and failure to provide reasonable corroboration; on that basis the claimant did not establish a well‑founded fear of persecution or that removal would expose him personally to risk of torture or to a risk to life or cruel and unusual treatment.

Citation
TB2-13933
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 April 2014
Procedural Posture
Refugee Protection Claim / Final Decision (refugee Protection Division)
Outcome
Claim for refugee protection rejected; not a Convention refugee; not a person in need of protection under s.97(1) IRPA
Legal Topics
Convention Refugee, Protection Under Section 97(1) IRPA, Credibility Assessment, Non‑refoulement, Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Protection Under Section 97(1) IRPA Credibility Assessment Non‑refoulement Torture

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 1 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee with a well‑founded fear of persecution for a Convention ground
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA (risk to life or cruel and unusual treatment)
  3. 3 Whether there are substantial grounds to believe claimant would face torture on return

Ratio Decidendi

Claim rejected because the Board found the claimant not credible due to material inconsistencies, non‑responsive and vague testimony, unreliable or uncorroborated documentary evidence, and failure to provide reasonable corroboration; on that basis the claimant did not establish a well‑founded fear of persecution or that removal would expose him personally to risk of torture or to a risk to life or cruel and unusual treatment.

Court Disposition

Claim for refugee protection rejected; not a Convention refugee; not a person in need of protection under s.97(1) IRPA

Orders

  • Refugee claim dismissed