TB2-09594

TB2-09594

On the balance of probabilities the claimant's testimony and supporting documents were not credible or authentic, cumulative adverse inferences (absence of warrants/summons, plausible airport exit despite alleged PSB pursuit, retention of genuine passport, DHL waybill naming, failure to claim asylum in the USA, and implausible appraisal) defeat the claim; therefore there is no serious possibility of persecution and the claim is rejected.

Citation
TB2-09594
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 May 2014
Procedural Posture
Refugee Protection (irpa) / Hearing and Reasons/decision
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Document Authenticity, Corroboration Requirements
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Document Authenticity Corroboration Requirements

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (irpa) / Hearing and Reasons/decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant was pursued by the Public Security Bureau (PSB) and faces a real risk on return

Ratio Decidendi

On the balance of probabilities the claimant's testimony and supporting documents were not credible or authentic, cumulative adverse inferences (absence of warrants/summons, plausible airport exit despite alleged PSB pursuit, retention of genuine passport, DHL waybill naming, failure to claim asylum in the USA, and implausible appraisal) defeat the claim; therefore there is no serious possibility of persecution and the claim is rejected.

Court Disposition

Claim rejected; claimant found neither a Convention refugee nor a person in need of protection

Orders

  • Refugee protection claim rejected by the Refugee Protection Division (reasons dated May 15, 2014)