MB0-07085

MB0-07085

The panel rejected the claimant's testimony as not credible and found documentary evidence contradicted key allegations; because the claimant failed to discharge the burden of proof and did not establish a credible risk of death on return, he is neither a Convention refugee nor a person in need of protection.

Citation
MB0-07085
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 October 2012
Procedural Posture
Refugee Protection Claim / Decision on Refugee Claim Following Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee Status, Credibility Assessment, Risk of Death/threats, Burden of Proof, Identity Verification, Family/marriage Disputes
Source Language
English
Immigration Law Refugee Law Convention Refugee Status Credibility Assessment Risk of Death/threats Burden of Proof Identity Verification Family/marriage Disputes

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision on Refugee Claim Following Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or a person in need of protection
  2. 2 Whether the claimant established identity and credibility
  3. 3 Whether there is a real risk of death from the named individual on return to Guinea

Ratio Decidendi

The panel rejected the claimant's testimony as not credible and found documentary evidence contradicted key allegations; because the claimant failed to discharge the burden of proof and did not establish a credible risk of death on return, he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant is not a Convention refugee nor a person in need of protection