TB8-15257
The panel found the claimant not credible on central, material matters (undisclosed travel/passport history and multiple inconsistencies about the 2017 incidents) and drew adverse inferences; because the primary incidents were not established and there was no evidence he would be suspected of LTTE involvement, the claimant failed to prove a serious possibility of persecution or a risk upon return; claim dismissed.
- Citation
- TB8-15257
- Parties
- Claimant: XXXX XXXX; Respondent: Minister
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 16 May 2019
- Procedural Posture
- Refugee Protection Claim Under IRPA / Hearing and Decision
- Outcome
- Claim dismissed
- Legal Topics
- Credibility Assessment, Convention Refugee Determination, Risk on Return, Returning Refugee Claimant Analysis
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Claimant
Minister
Respondent
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision
Legal Issues
- 1 Whether the claimant is a Convention refugee
- 2 Credibility of the claimant's testimony
- 3 Whether claimant faces a risk on return to Sri Lanka
Ratio Decidendi
The panel found the claimant not credible on central, material matters (undisclosed travel/passport history and multiple inconsistencies about the 2017 incidents) and drew adverse inferences; because the primary incidents were not established and there was no evidence he would be suspected of LTTE involvement, the claimant failed to prove a serious possibility of persecution or a risk upon return; claim dismissed.
Court Disposition
Claim dismissed
Orders
- Claim dismissed
Full Case Text
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