TB4-02712

TB4-02712

The Panel concluded on a balance of probabilities that the Claimant was not credible due to inconsistent and implausible testimony about addresses and documentary details, failure to provide corroborating medical records, and minimal knowledge and practice of Christianity inconsistent with his allegations; therefore the Claimant failed to establish Convention refugee status or need for protection and the claim is rejected under s.107 IRPA.

Citation
TB4-02712
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 May 2014
Procedural Posture
Inland Refugee Claim Refugee Protection Division / Decision After Hearing
Outcome
Claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Religious Persecution, Sur Place Claim
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Religious Persecution Sur Place Claim

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Inland Refugee Claim Refugee Protection Division / Decision After Hearing

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 Credibility of the Claimant's allegations and documentary evidence

Ratio Decidendi

The Panel concluded on a balance of probabilities that the Claimant was not credible due to inconsistent and implausible testimony about addresses and documentary details, failure to provide corroborating medical records, and minimal knowledge and practice of Christianity inconsistent with his allegations; therefore the Claimant failed to establish Convention refugee status or need for protection and the claim is rejected under s.107 IRPA.

Court Disposition

Claim rejected

Orders

  • Claimant is neither a Convention refugee nor a person in need of protection
  • There is no credible basis for this claim pursuant to section 107 of the Immigration and Refugee Protection Act