TB2-12741

TB2-12741

Claimant's evidence is not credible due to material inconsistencies, lack of corroboration and implausible testimony; accordingly claimant failed to prove on the balance of probabilities a serious possibility of persecution on a Convention ground or a personal risk of torture, death, or cruel and unusual treatment; any risk identified is generalized and insufficient for protection under IRPA ss.96-97.

Citation
TB2-12741
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 April 2018
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Decision After Merits Hearing
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk of Persecution, Risk of Torture, Generalized Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Convention Refugee Determination Risk of Persecution Risk of Torture +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Decision After Merits Hearing

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether there is a serious possibility of persecution on a Convention ground (political opinion)
  3. 3 Whether claimant faces personal risk of torture, risk to life, or cruel and unusual treatment if returned

Ratio Decidendi

Claimant's evidence is not credible due to material inconsistencies, lack of corroboration and implausible testimony; accordingly claimant failed to prove on the balance of probabilities a serious possibility of persecution on a Convention ground or a personal risk of torture, death, or cruel and unusual treatment; any risk identified is generalized and insufficient for protection under IRPA ss.96-97.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection

Orders

  • Claim rejected; claimant is not a Convention refugee or a person in need of protection