TB3-04188

TB3-04188

The claimant's UDPS membership was not established on the balance of probabilities due to documentary errors and contradictions, his testimony was inconsistent and lacked credibility, he failed to seek protection in safe third countries and provided no corroborative medical evidence; therefore there is no serious possibility of persecution nor a balance of probabilities risk of torture or cruel or unusual treatment and the refugee claim is rejected.

Citation
TB3-04188
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 March 2014
Procedural Posture
Refugee Protection / Hearing and Decision (reasons Issued)
Outcome
Claim for refugee protection rejected; claimant not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Credibility Assessment, Political Affiliation, Persecution, Risk of Torture, Safe Third Country
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Credibility Assessment Political Affiliation Persecution Risk of Torture +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Hearing and Decision (reasons Issued)

Legal Issues

  1. 1 Whether claimant is a member of UDPS
  2. 2 Whether claimant established a serious possibility of persecution on a Convention ground
  3. 3 Whether claimant faces a risk of torture or cruel and unusual treatment

Ratio Decidendi

The claimant's UDPS membership was not established on the balance of probabilities due to documentary errors and contradictions, his testimony was inconsistent and lacked credibility, he failed to seek protection in safe third countries and provided no corroborative medical evidence; therefore there is no serious possibility of persecution nor a balance of probabilities risk of torture or cruel or unusual treatment and the refugee claim is rejected.

Court Disposition

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