MB4-05290

MB4-05290

The claimant's testimony contained serious omissions, contradictions and adjustments and he failed to produce reasonable corroboration of central events; the harm alleged was criminal/vengeance without established nexus to a Convention ground and he did not demonstrate on the balance of probabilities that he would face torture, death or cruel treatment on return; claim is therefore rejected under ss.96/97 IRPA.

Citation
MB4-05290
Parties
Claimant (asylum Seeker): XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 March 2015
Procedural Posture
Refugee Protection Claim (irpa) / Hearing and Decision (refugee Protection Division, First Instance)
Outcome
Refugee protection claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Section 97 (personal Risk), First Safe Country/asylum
Source Language
English
Immigration Refugee Law Convention Refugee Person in Need of Protection Credibility Section 97 (personal Risk) First Safe Country/asylum

Case Brief

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Parties

XXXX XXXX

Claimant (asylum Seeker)

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa) / Hearing and Decision (refugee Protection Division, First Instance)

Legal Issues

  1. 1 Whether claimant was credible
  2. 2 Whether alleged harm had nexus to a Convention ground
  3. 3 Whether claimant met standard for protection under s.97 IRPA

Ratio Decidendi

The claimant's testimony contained serious omissions, contradictions and adjustments and he failed to produce reasonable corroboration of central events; the harm alleged was criminal/vengeance without established nexus to a Convention ground and he did not demonstrate on the balance of probabilities that he would face torture, death or cruel treatment on return; claim is therefore rejected under ss.96/97 IRPA.

Court Disposition

Refugee protection claim rejected