TB5-14241

TB5-14241

The panel found the claimant's core testimony not credible (notably contradictions about her employment and lack of basic technical knowledge), found the submitted documents insufficiently probative or possibly inauthentic in light of country evidence of fraud, concluded the presumption of truth was rebutted and therefore that the claimant failed to establish past persecution or a real risk on return; claim denied.

Citation
TB5-14241
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 April 2016
Procedural Posture
Refugee Protection Claim / Final Decision
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Findings, Evidence Authenticity, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Findings Evidence Authenticity Country Conditions

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether the claimant is a person in need of protection under subsection 97(1) of the Act
  3. 3 Whether the claimant's testimony and supporting documents are credible and authentic

Ratio Decidendi

The panel found the claimant's core testimony not credible (notably contradictions about her employment and lack of basic technical knowledge), found the submitted documents insufficiently probative or possibly inauthentic in light of country evidence of fraud, concluded the presumption of truth was rebutted and therefore that the claimant failed to establish past persecution or a real risk on return; claim denied.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection.

Orders

  • Refugee protection claim rejected; no protection granted