TB2-12551

TB2-12551

The tribunal rejected the claimant's sworn evidence as not credible on multiple cumulative grounds (inconsistencies, omissions, implausible factual detail, weak documentary support and implausible exit on own passport given Golden Shield), and consequently found the claimant did not establish a serious possibility of persecution or a risk of torture, death or cruel treatment; therefore the claim fails under IRPA sections 96 and 97(1).

Citation
TB2-12551
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 June 2018
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Refugee claim rejected by RPD
Legal Topics
Convention Refugee, Risk of Persecution, Credibility Assessment, Sur Place Claim, Falun Gong, Torture and Cruel or Unusual Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Risk of Persecution Credibility Assessment Sur Place Claim +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under IRPA section 96
  2. 2 Whether claimant faces a real risk of torture, risk to life or cruel and unusual treatment under IRPA section 97(1)
  3. 3 Credibility of claimant's account and documentary evidence

Ratio Decidendi

The tribunal rejected the claimant's sworn evidence as not credible on multiple cumulative grounds (inconsistencies, omissions, implausible factual detail, weak documentary support and implausible exit on own passport given Golden Shield), and consequently found the claimant did not establish a serious possibility of persecution or a risk of torture, death or cruel treatment; therefore the claim fails under IRPA sections 96 and 97(1).

Court Disposition

Refugee claim rejected by RPD

Orders

  • Refugee claim rejected; protection not granted