TB2-11347

TB2-11347

The claimant failed to corroborate central elements of his claim (former NGO association and training) and offered no reasonable explanation for not obtaining available documentation; the tribunal drew a negative inference, found country evidence did not indicate a serious possibility of persecution for his asserted profile and found no danger of torture, therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TB2-11347
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister; Tribunal Member: Michael S. McCaffrey
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 June 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (oral Decision June 2, 2014; Written Reasons June 23, 2014)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee Determination, Membership of a Particular Social Group, Risk of Persecution, Risk of Torture, Credibility and Corroboration, Burden of Proof, Country of Origin Information
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Determination Membership of a Particular Social Group Risk of Persecution Risk of Torture +3 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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Michael S. McCaffrey

Tribunal Member

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (oral Decision June 2, 2014; Written Reasons June 23, 2014)

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on membership of a minority clan
  2. 2 Whether claimant faces a personalized risk due to prior NGO association
  3. 3 Whether claimant established identity and corroborating evidence

Ratio Decidendi

The claimant failed to corroborate central elements of his claim (former NGO association and training) and offered no reasonable explanation for not obtaining available documentation; the tribunal drew a negative inference, found country evidence did not indicate a serious possibility of persecution for his asserted profile and found no danger of torture, therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

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