TB7-02848

TB7-02848

The panel found the claimant not credible due to material contradictions, omissions, speculative statements and failure to seek asylum in the United States (first safe country); coupled with insufficient corroboration, these defects meant the claimant failed to prove on the balance of probabilities that he would face a serious possibility of persecution or be at risk of torture or cruel and unusual treatment on return, so the claim is rejected.

Citation
TB7-02848
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 July 2018
Procedural Posture
Refugee Protection Claim / RPD Decision
Outcome
Claim dismissed; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Credibility, Subjective Fear, Country Shopping/first Safe Country Rule, Evidentiary Weight of Documents, Use of Internet Sources (wikipedia)
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Credibility Subjective Fear Country Shopping/first Safe Country Rule Evidentiary Weight of Documents +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / RPD Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or person in need of protection
  2. 2 Credibility of claimant's testimony and written account
  3. 3 Whether claimant had a well‑founded fear including subjective fear

Ratio Decidendi

The panel found the claimant not credible due to material contradictions, omissions, speculative statements and failure to seek asylum in the United States (first safe country); coupled with insufficient corroboration, these defects meant the claimant failed to prove on the balance of probabilities that he would face a serious possibility of persecution or be at risk of torture or cruel and unusual treatment on return, so the claim is rejected.

Court Disposition

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

Orders

  • Refugee protection claim rejected (RPD decision dated July 13, 2018).