TB4-12758

TB4-12758

The claimant failed to establish identity, nationality, clan membership or religion and was an unreliable witness due to material inconsistencies, omissions and failure to produce available identity documentation or provide reasonable explanations; on the balance of probabilities his testimony lacked sufficient probative value so he is not a Convention refugee or person in need of protection and s.107(2) IRPA applies.

Citation
TB4-12758
Parties
Claimant: XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 March 2015
Procedural Posture
Refugee Protection (irpa) / Hearing and Decision (rpd)
Outcome
Refugee protection claim denied; claimant is not a Convention refugee or person in need of protection; subsection 107(2) IRPA applies (no credible basis).
Legal Topics
Credibility Assessment, Identity Documentation, Convention Refugee Determination, Section 107(2) IRPA, Clan Based Persecution, Non State Actors (al Shabaab)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Identity Documentation Convention Refugee Determination Section 107(2) IRPA Clan Based Persecution +1 more

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (irpa) / Hearing and Decision (rpd)

Legal Issues

  1. 1 Whether the claimant established identity and nationality
  2. 2 Whether claimant's testimony was credible and consistent
  3. 3 Whether failure to produce identity documents justified negative inferences under s.106 IRPA and RPD Rule 11

Ratio Decidendi

The claimant failed to establish identity, nationality, clan membership or religion and was an unreliable witness due to material inconsistencies, omissions and failure to produce available identity documentation or provide reasonable explanations; on the balance of probabilities his testimony lacked sufficient probative value so he is not a Convention refugee or person in need of protection and s.107(2) IRPA applies.

Court Disposition

Refugee protection claim denied; claimant is not a Convention refugee or person in need of protection; subsection 107(2) IRPA applies (no credible basis).

Orders

  • Claim for refugee protection denied
  • Application of subsection 107(2) of the IRPA: claim has no credible basis