MB2-03193

MB2-03193

The claimant's credibility was undermined by inconsistent testimony and omissions (failure to disclose other arrests, failure to seek protection during an earlier Canada visit), and the evidence did not establish a real risk on return; the panel concluded a reasonable internal flight alternative (relocation to Delhi) existed and it was not unreasonable to expect relocation, therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA.

Citation
MB2-03193
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 December 2015
Procedural Posture
Refugee Protection (irpa S.96 and S.97) / Hearing and Decision (merits)
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1) IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, Internal Flight Alternative, Credibility, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Internal Flight Alternative Credibility Burden of Proof

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (irpa S.96 and S.97) / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under subsection 97(1) IRPA
  3. 3 Whether claimant is credible

Ratio Decidendi

The claimant's credibility was undermined by inconsistent testimony and omissions (failure to disclose other arrests, failure to seek protection during an earlier Canada visit), and the evidence did not establish a real risk on return; the panel concluded a reasonable internal flight alternative (relocation to Delhi) existed and it was not unreasonable to expect relocation, therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1) IRPA.

Orders

  • Refugee protection claim rejected.