TA9-21862

TA9-21862

The claim is rejected because the Tribunal found significant unexplained inconsistencies between the claimant's testimony and his PIF, insufficient independent corroboration, unjustified delay in filing the claim given the claimant's profile and resources, and no clear and convincing evidence that state protection was unavailable; therefore there is no serious possibility of persecution or s.97 harm on return.

Citation
TA9-21862
Parties
Claimant: XXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 July 2011
Procedural Posture
Refugee Protection Claim / Hearing and Determination (oral Decision July 8, 2011; Written Reasons August 5, 2011)
Outcome
Claimant denied: not a Convention refugee and not a person in need of Canada's protection
Legal Topics
Credibility, Corroboration, State Protection, Delay in Making Claim, Risk of Persecution, Risk of Torture, Section 97 IRPA
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Credibility Corroboration State Protection Delay in Making Claim Risk of Persecution +2 more

Case Brief

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Parties

XXXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Determination (oral Decision July 8, 2011; Written Reasons August 5, 2011)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant faces risk to life/cruel and unusual treatment or torture (s.97 IRPA)
  3. 3 Credibility and consistency of claimant's testimony and PIF

Ratio Decidendi

The claim is rejected because the Tribunal found significant unexplained inconsistencies between the claimant's testimony and his PIF, insufficient independent corroboration, unjustified delay in filing the claim given the claimant's profile and resources, and no clear and convincing evidence that state protection was unavailable; therefore there is no serious possibility of persecution or s.97 harm on return.

Court Disposition

Claimant denied: not a Convention refugee and not a person in need of Canada's protection

Orders

  • Claimant XXXXXXXXXXXXX's refugee protection claim is rejected; claimant is not a Convention refugee and is not in need of Canada's protection