TB4-00319

TB4-00319

The claimant's account contained material inconsistencies and omissions (including false answers on the Port of Entry form), corroborating evidence lacked reliability or indicated a low political profile, country evidence did not establish that a low-profile Kurd with brief past detentions would face persecution, and the psychological report and family letters did not cure credibility defects; therefore the claimant failed to establish he is a Convention refugee or person in need of protection under sections 96 and 97(1) IRPA.

Citation
TB4-00319
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 November 2014
Procedural Posture
Refugee Protection Claim Under IRPA / RPD Hearing and Determination
Outcome
Claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Country Conditions, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Person in Need of Protection Credibility Assessment Country Conditions Risk of Torture/cruel and Unusual Treatment

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / RPD Hearing and Determination

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1)(a) or (b) IRPA
  3. 3 Credibility and reliability of claimant's account and supporting evidence

Ratio Decidendi

The claimant's account contained material inconsistencies and omissions (including false answers on the Port of Entry form), corroborating evidence lacked reliability or indicated a low political profile, country evidence did not establish that a low-profile Kurd with brief past detentions would face persecution, and the psychological report and family letters did not cure credibility defects; therefore the claimant failed to establish he is a Convention refugee or person in need of protection under sections 96 and 97(1) IRPA.

Court Disposition

Claim rejected

Orders

  • Claim rejected
  • No protection granted under sections 96 and 97(1)(a) and 97(1)(b) of the IRPA