TB6-10201

TB6-10201

The panel found the claimant's testimony not credible due to inconsistencies and lack of corroboration (absence of gang evidence in NDP, passport/birth certificate inconsistency, failure to seek asylum in the US, uncorroborated claims of police connections); on that basis it concluded the claimant did not discharge the burden under s.97(1) to show a serious possibility of persecution or risk of torture or death, and therefore rejected the refugee protection claim.

Citation
TB6-10201
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 November 2018
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Credibility Assessment, Internal Flight Alternative, State Protection, Risk of Torture, Risk to Life, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Credibility Assessment Internal Flight Alternative State Protection Risk of Torture +2 more

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 4 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

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

Ratio Decidendi

The panel found the claimant's testimony not credible due to inconsistencies and lack of corroboration (absence of gang evidence in NDP, passport/birth certificate inconsistency, failure to seek asylum in the US, uncorroborated claims of police connections); on that basis it concluded the claimant did not discharge the burden under s.97(1) to show a serious possibility of persecution or risk of torture or death, and therefore rejected the refugee protection claim.

Court Disposition

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

Orders

  • Claim for refugee protection rejected.