TB3-07209

TB3-07209

The claimant failed to prove his identity as a genuine Pentecostal Christian because his testimony showed pervasive lack of basic religious knowledge and practices; the baptism certificate obtained in Canada carried limited weight; on the balance of probabilities the claimant did not meet the definitions in ss.96 or 97(1) IRPA and there was no credible basis for the claim under s.107(2).

Citation
TB3-07209
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 September 2014
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97) / Decision Following Oral Hearing
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Religious Persecution, Convention Refugee Determination, No Credible Basis (s.107(2))
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Religious Persecution Convention Refugee Determination No Credible Basis (s.107(2))

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Decision Following Oral Hearing

Legal Issues

  1. 1 Whether claimant is a genuine Pentecostal Christian (identity/credibility)
  2. 2 Whether claimant meets definition of Convention refugee under s.96 IRPA
  3. 3 Whether claimant is a person in need of protection under s.97(1) IRPA

Ratio Decidendi

The claimant failed to prove his identity as a genuine Pentecostal Christian because his testimony showed pervasive lack of basic religious knowledge and practices; the baptism certificate obtained in Canada carried limited weight; on the balance of probabilities the claimant did not meet the definitions in ss.96 or 97(1) IRPA and there was no credible basis for the claim under s.107(2).

Court Disposition

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

Orders

  • Refugee protection claim rejected
  • No credible basis for the claim pursuant to s.107(2) IRPA