TB1-07568

TB1-07568

The panel rejected the claim because the claimant failed to provide acceptable documentary corroboration, her testimony contained material inconsistencies (including an authentic service passport issued before the alleged events), and on the totality of the evidence she did not prove on a balance of probabilities that she is a Convention refugee or that she faces a personal risk of torture or death on return to the DRC.

Citation
TB1-07568
Parties
Claimant: XXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 May 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division
Outcome
Claim rejected: claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee Status, Person in Need of Protection, Credibility Assessment, Documentary Corroboration, Risk of Torture, Political Opinion, Fraudulent or Improper Passport
Source Language
English
Immigration and Refugee Protection Refugee Law Human Rights Criminal Acts (rape, Murder) Convention Refugee Status Person in Need of Protection Credibility Assessment Documentary Corroboration +3 more

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Parties

XXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection (risk of torture, risk to life, cruel and unusual treatment)
  3. 3 Credibility and reliability of claimant's testimony

Ratio Decidendi

The panel rejected the claim because the claimant failed to provide acceptable documentary corroboration, her testimony contained material inconsistencies (including an authentic service passport issued before the alleged events), and on the totality of the evidence she did not prove on a balance of probabilities that she is a Convention refugee or that she faces a personal risk of torture or death on return to the DRC.

Court Disposition

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

Orders

  • Claim for refugee protection rejected; claimant not a Convention refugee and not a person in need of protection