TB6-00350

TB6-00350

The Panel admitted the CBSA interview notes because the claimant failed to prove a Charter breach of s.10(b) or s.7; on the merits the claimant's core allegations were undermined by inauthentic or missing employment documents, material inconsistencies and omissions in oral statements and interviews, and cumulative adverse credibility findings; accordingly the claimant did not establish a serious possibility of persecution under s.96 IRPA nor a need for protection under s.97(1), and the claim was rejected and found to have no credible basis under s.107(2) IRPA.

Citation
TB6-00350
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 July 2016
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (reasons Issued)
Outcome
Claim rejected; not a Convention refugee and not a person in need of protection; claim found to have no credible basis.
Legal Topics
Convention Refugee Determination, Person in Need of Protection (s.97), Charter S.10(b) Right to Counsel, Admissibility of Evidence Under S.24(2) Charter, Credibility and Documentary Authenticity, RPD Procedural Rules on Documentary Production
Source Language
English
Immigration Law Refugee Law Constitutional Law Charter of Rights Convention Refugee Determination Person in Need of Protection (s.97) Charter S.10(b) Right to Counsel Admissibility of Evidence Under S.24(2) Charter Credibility and Documentary Authenticity +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (reasons Issued)

Legal Issues

  1. 1 Whether the Claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the Claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether CBSA interview notes should be excluded under s.24(2) of the Charter due to breaches of s.10(b), s.7, s.2(b), s.13 or s.14

Ratio Decidendi

The Panel admitted the CBSA interview notes because the claimant failed to prove a Charter breach of s.10(b) or s.7; on the merits the claimant's core allegations were undermined by inauthentic or missing employment documents, material inconsistencies and omissions in oral statements and interviews, and cumulative adverse credibility findings; accordingly the claimant did not establish a serious possibility of persecution under s.96 IRPA nor a need for protection under s.97(1), and the claim was rejected and found to have no credible basis under s.107(2) IRPA.

Court Disposition

Claim rejected; not a Convention refugee and not a person in need of protection; claim found to have no credible basis.

Orders

  • Claim rejected pursuant to ss.96 and 97(1) IRPA
  • Claim found to have no credible basis pursuant to s.107(2) IRPA