TB5-02194

TB5-02194

The panel found the claimant's account materially undermined by omissions, contradictions and lack of corroborating evidence (including failure to substantiate a partner or IDENTOBA contact and inconsistent dates), drew negative inferences, concluded the claimant was not credible, and therefore determined he is neither a Convention refugee nor a person in need of protection and that there is no credible basis under s.107(2) IRPA.

Citation
TB5-02194
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 January 2016
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection; no credible basis under s.107(2) IRPA.
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Sexual Orientation Persecution, No Credible Basis Under S.107(2) IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Convention Refugee Person in Need of Protection Sexual Orientation Persecution No Credible Basis Under S.107(2) IRPA

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision

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)(a) or (b) IRPA
  3. 3 Whether the claimant's testimony and documentation are credible and corroborated

Ratio Decidendi

The panel found the claimant's account materially undermined by omissions, contradictions and lack of corroborating evidence (including failure to substantiate a partner or IDENTOBA contact and inconsistent dates), drew negative inferences, concluded the claimant was not credible, and therefore determined he is neither a Convention refugee nor a person in need of protection and that there is no credible basis under s.107(2) IRPA.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection; no credible basis under s.107(2) IRPA.

Orders

  • Refugee Protection Division rejects the claim for refugee protection.
  • No credible basis found under section 107(2) of the IRPA.