TB6-05103

TB6-05103

The panel rejected the claim because, on a balance of probabilities, the claimant's evidence was not credible (notably an implausible course certificate date and inconsistent testimony and conduct), and corroborating facts (ability to leave Sri Lanka on a genuine passport, timing of complaints) negated a serious possibility of persecution or a personal risk of torture or cruel treatment; therefore the refugee protection claim fails.

Citation
TB6-05103
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 August 2016
Procedural Posture
Refugee Protection Claim / Final Decision (hearing Concluded)
Outcome
Claim dismissed — claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Persecution on Convention Grounds, Risk of Torture, State Actor Persecution, Evidence and Documents
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law Credibility Assessment Persecution on Convention Grounds Risk of Torture State Actor Persecution +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision (hearing Concluded)

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether there is a serious possibility of persecution on a Convention ground
  3. 3 Whether the claimant faces a risk to life, torture or cruel and unusual treatment on return

Ratio Decidendi

The panel rejected the claim because, on a balance of probabilities, the claimant's evidence was not credible (notably an implausible course certificate date and inconsistent testimony and conduct), and corroborating facts (ability to leave Sri Lanka on a genuine passport, timing of complaints) negated a serious possibility of persecution or a personal risk of torture or cruel treatment; therefore the refugee protection claim fails.

Court Disposition

Claim dismissed — claimant is neither a Convention refugee nor a person in need of protection