MB4-02138

MB4-02138

Because the claimant's testimony and supporting documents were found not credible and lacking probative value, she failed to establish a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture, death or cruel and unusual treatment, and thus her refugee protection claim was rejected.

Citation
MB4-02138
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 September 2014
Procedural Posture
Refugee Protection Claim / Determination
Outcome
Refugee protection claim rejected
Legal Topics
Credibility Assessment, Persecution, Convention Refugee, Risk of Torture, Risk to Life, Death Threats
Source Language
English
Immigration Refugee Law International Human Rights Credibility Assessment Persecution Convention Refugee Risk of Torture Risk to Life +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Determination

Legal Issues

  1. 1 Whether claimant established a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant established on a balance of probabilities a personal risk of torture, risk to life or cruel and unusual treatment under s.97(1)
  3. 3 Whether the claimant's evidence and documents were credible and sufficiently corroborated

Ratio Decidendi

Because the claimant's testimony and supporting documents were found not credible and lacking probative value, she failed to establish a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture, death or cruel and unusual treatment, and thus her refugee protection claim was rejected.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim rejected