MB7-11405

MB7-11405

The panel rejected the claim because pervasive, material contradictions and significant omissions in the claimant's testimony and documentary evidence (notably CBSA interview notes and signed immigration forms) fatally undermined credibility; the claimant therefore failed to prove a well-founded fear or a serious possibility of gender-based persecution and the claim has no credible basis under subsection 107(2) IRPA.

Citation
MB7-11405
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 February 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (refugee Protection Hearing)
Outcome
Refugee protection claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Designated Representative, Section 107(2) Credible Basis
Source Language
English
Immigration Law Refugee Law Administrative Law Gender Based Persecution Credibility Assessment Convention Refugee Person in Need of Protection Credibility +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (refugee Protection Hearing)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant's testimony and documentary evidence are credible

Ratio Decidendi

The panel rejected the claim because pervasive, material contradictions and significant omissions in the claimant's testimony and documentary evidence (notably CBSA interview notes and signed immigration forms) fatally undermined credibility; the claimant therefore failed to prove a well-founded fear or a serious possibility of gender-based persecution and the claim has no credible basis under subsection 107(2) IRPA.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim rejected.
  • Panel finds no credible basis for the claim pursuant to subsection 107(2) of the Immigration and Refugee Protection Act.