MB9-03754

MB9-03754

The claimant's evidence lacked credibility and corroboration: frequent return trips to Mexico (10 trips between 2013 and 2019), an unexplained nearly five month delay in claiming on the 11th trip, unreliable documentary evidence (lease, tenant letter, photographs, informative statement not a police complaint) and unsubstantiated medical reports led the panel to conclude there was no serious possibility of persecution on a Convention ground, no balance of probabilities risk of torture or risk to life, and no credible basis under subsection 107(2) IRPA; therefore the claim was rejected.

Citation
MB9-03754
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 September 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision and Reasons Following Hearing
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Delay in Claiming, Section 107(2) Credible Basis, Risk of Torture, Risk to Life, Corroboration of Evidence
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Delay in Claiming Section 107(2) Credible Basis +3 more

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision and Reasons Following Hearing

Legal Issues

  1. 1 Whether claimant established a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant would, on the balance of probabilities, face torture, risk to life or cruel and unusual treatment if returned
  3. 3 Whether there is a credible basis for a positive decision under subsection 107(2) IRPA

Ratio Decidendi

The claimant's evidence lacked credibility and corroboration: frequent return trips to Mexico (10 trips between 2013 and 2019), an unexplained nearly five month delay in claiming on the 11th trip, unreliable documentary evidence (lease, tenant letter, photographs, informative statement not a police complaint) and unsubstantiated medical reports led the panel to conclude there was no serious possibility of persecution on a Convention ground, no balance of probabilities risk of torture or risk to life, and no credible basis under subsection 107(2) IRPA; therefore the claim was rejected.

Court Disposition

Claim rejected; claimant found neither a Convention refugee nor a person in need of protection

Orders

  • Refuse refugee protection claim pursuant to IRPA; decision dated September 5, 2019