TB7-00348

TB7-00348

The claimant's account was materially inconsistent and contained important omissions; his unexplained failure to seek asylum in the United States after a four‑month stay and other credibility deficits lead to adverse inferences. On the balance of probabilities the claimant did not prove he is a Convention refugee nor that he would face torture, death or cruel and unusual treatment under s.97; claim dismissed.

Citation
TB7-00348
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 March 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits (reasons for Decision Dated March 21, 2017)
Outcome
Claim dismissed: claimant is not a Convention refugee and is not a person in need of protection under s.97
Legal Topics
Convention Refugee, Person in Need of Protection (s.97), Credibility Findings, Safe Third Country / Failure to Claim Elsewhere, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection (s.97) Credibility Findings Safe Third Country / Failure to Claim Elsewhere Burden of Proof

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits (reasons for Decision Dated March 21, 2017)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97
  3. 3 Whether claimant's testimony is credible and reliable

Ratio Decidendi

The claimant's account was materially inconsistent and contained important omissions; his unexplained failure to seek asylum in the United States after a four‑month stay and other credibility deficits lead to adverse inferences. On the balance of probabilities the claimant did not prove he is a Convention refugee nor that he would face torture, death or cruel and unusual treatment under s.97; claim dismissed.

Court Disposition

Claim dismissed: claimant is not a Convention refugee and is not a person in need of protection under s.97

Orders

  • Claim rejected by the Refugee Protection Division