TB2-00366

TB2-00366

The claim is rejected because the panel found the claimant's testimony contained material contradictions and lacked trustworthy corroboration, the claimant failed to establish a well‑founded fear of persecution or a personal risk of torture/cruel and unusual treatment, and there was insufficient evidence that state protection in St. Lucia would be unavailable or inadequate.

Citation
TB2-00366
Parties
Claimant/asylum Seeker: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 November 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision
Outcome
Claim rejected
Legal Topics
Well Founded Fear, State Protection, Credibility, Convention Refugee Status, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Gender Related Persecution Family and Sexual Abuse Well Founded Fear State Protection Credibility Convention Refugee Status +1 more

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Parties

XXXX XXXX XXXX

Claimant/asylum Seeker

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision

Legal Issues

  1. 1 Whether claimant has a well‑founded fear of persecution
  2. 2 Credibility and contradictions in claimant's evidence
  3. 3 Availability and adequacy of state protection in St. Lucia

Ratio Decidendi

The claim is rejected because the panel found the claimant's testimony contained material contradictions and lacked trustworthy corroboration, the claimant failed to establish a well‑founded fear of persecution or a personal risk of torture/cruel and unusual treatment, and there was insufficient evidence that state protection in St. Lucia would be unavailable or inadequate.

Court Disposition

Claim rejected

Orders

  • Refugee protection claim rejected
  • No finding of Convention refugee status under s.96 or need for protection under s.97(1)(a) or (b) of IRPA