MB1-04496

MB1-04496

The claim was dismissed because the tribunal found the claimant not credible due to numerous material inconsistencies between his testimony, his PIF and his father's sworn declaration, his failure over several years to seek corroboration for central allegations, and because the alleged risks were speculative and not established on the required standards (serious possibility or balance of probabilities).

Citation
MB1-04496
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 May 2015
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Credibility Assessment, Corroboration, Persecution, Risk of Torture/ill Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility Assessment Corroboration Persecution Risk of Torture/ill Treatment

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee (serious possibility of persecution on a Convention ground)
  2. 2 Whether claimant is a person in need of protection (balance of probabilities risk of torture, death or cruel and unusual treatment)
  3. 3 Whether claimant's evidence is credible and corroborated

Ratio Decidendi

The claim was dismissed because the tribunal found the claimant not credible due to numerous material inconsistencies between his testimony, his PIF and his father's sworn declaration, his failure over several years to seek corroboration for central allegations, and because the alleged risks were speculative and not established on the required standards (serious possibility or balance of probabilities).

Court Disposition

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

Orders

  • Refugee protection claim dismissed