TB4-02403

TB4-02403

The panel found the claimant not credible due to material omissions and contradictions between her oral/written account and Serbian court documents; on the evidence there is less than a mere possibility of future domestic violence or trafficking and the claimant failed to rebut the presumption that state protection in Serbia would be available for risks related to her Albanian ethnicity; therefore the claim fails under ss.96 and 97 of IRPA.

Citation
TB4-02403
Parties
Claimant (asylum Seeker): XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 February 2018
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Hearings and Written Submissions
Outcome
Claim rejected; claimant is neither a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1) IRPA.
Legal Topics
Credibility Assessment, Domestic Violence, Human Trafficking/sex Trafficking, Ethnicity Based Persecution, State Protection
Source Language
English
Immigration Refugee Law Human Rights Credibility Assessment Domestic Violence Human Trafficking/sex Trafficking Ethnicity Based Persecution State Protection

Case Brief

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Parties

XXXX XXXX

Claimant (asylum Seeker)

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following Hearings and Written Submissions

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Credibility of claimant's allegations of abduction, trafficking and domestic violence

Ratio Decidendi

The panel found the claimant not credible due to material omissions and contradictions between her oral/written account and Serbian court documents; on the evidence there is less than a mere possibility of future domestic violence or trafficking and the claimant failed to rebut the presumption that state protection in Serbia would be available for risks related to her Albanian ethnicity; therefore the claim fails under ss.96 and 97 of IRPA.

Court Disposition

Claim rejected; claimant is neither a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1) IRPA.