TB4-05350

TB4-05350

The panel rejected the claim because the claimant's testimony and documentary evidence were not credible or trustworthy — undermined by unjustified delay, voluntary re‑availment to Uzbekistan, material omissions and fabricated allegations — and the country evidence established that prohibitions on proselytizing are general laws that, while discriminatory, do not amount to persecution; accordingly the claimant failed to establish protection under s.96 or s.97 and the claim is rejected pursuant to s.107(2) IRPA.

Citation
TB4-05350
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 September 2014
Procedural Posture
Refugee Protection IRPA Claim / Merits Hearing and Decision (rpd)
Outcome
Claim rejected; claimant is not a Convention refugee and is not in need of protection under ss.96 or 97 IRPA.
Legal Topics
Convention Refugee Determination, Risk of Torture/s.97 Protection, Credibility Assessment, Delay in Claiming, Re Availment, Religious Freedom, Proselytizing Prohibition, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Determination Risk of Torture/s.97 Protection Credibility Assessment Delay in Claiming +4 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection IRPA Claim / Merits Hearing and Decision (rpd)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant would face torture, risk to life or cruel and unusual treatment under s.97(1) IRPA
  3. 3 Whether claimant's testimony and documents are credible and trustworthy

Ratio Decidendi

The panel rejected the claim because the claimant's testimony and documentary evidence were not credible or trustworthy — undermined by unjustified delay, voluntary re‑availment to Uzbekistan, material omissions and fabricated allegations — and the country evidence established that prohibitions on proselytizing are general laws that, while discriminatory, do not amount to persecution; accordingly the claimant failed to establish protection under s.96 or s.97 and the claim is rejected pursuant to s.107(2) IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee and is not in need of protection under ss.96 or 97 IRPA.

Orders

  • Claim rejected pursuant to s.107(2) of the Immigration and Refugee Protection Act; decision dated September 1, 2014.