TB2-06075

TB2-06075

The claimant's key allegations were found not credible (the alleged assault by gangsters did not occur and he was not a leader); without credible evidence of persecution on a Convention ground or a balance of probabilities risk to life/cruel treatment/torture, the claim fails under ss.96 and 97(1) IRPA.

Citation
TB2-06075
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 October 2018
Procedural Posture
Refugee Protection Claim / Decision on Claim After Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Land Expropriation Protests
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Land Expropriation Protests

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision on Claim After Hearing

Legal Issues

  1. 1 Whether claimant meets definition of a Convention refugee
  2. 2 Whether claimant faces a real risk to life or risk of cruel and unusual treatment or torture on return
  3. 3 Whether claimant's evidence is credible and reliable

Ratio Decidendi

The claimant's key allegations were found not credible (the alleged assault by gangsters did not occur and he was not a leader); without credible evidence of persecution on a Convention ground or a balance of probabilities risk to life/cruel treatment/torture, the claim fails under ss.96 and 97(1) IRPA.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Claim dismissed