TB2-13423

TB2-13423

The panel rejected the claimant's account as not credible, found his identity unestablished due to absent primary/acceptable documentation and unreliable corroboration, and concluded there is no serious possibility of persecution on a Convention ground; accordingly the claim fails under ss.96 and 97(1) IRPA.

Citation
TB2-13423
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 May 2015
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97(1)) / Hearing and Final Decision of Refugee Protection Division (reasons and Decision)
Outcome
Refugee claim dismissed; claimant is neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Identity Documentation, Clan Based Persecution, Burden and Standard of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Convention Refugee Person in Need of Protection Credibility Assessment Identity Documentation +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97(1)) / Hearing and Final Decision of Refugee Protection Division (reasons and Decision)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether claimant's testimony is credible

Ratio Decidendi

The panel rejected the claimant's account as not credible, found his identity unestablished due to absent primary/acceptable documentation and unreliable corroboration, and concluded there is no serious possibility of persecution on a Convention ground; accordingly the claim fails under ss.96 and 97(1) IRPA.

Court Disposition

Refugee claim dismissed; claimant is neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) of the Immigration and Refugee Protection Act.

Orders

  • Refugee protection claim dismissed.