TB2-01186

TB2-01186

The claim is dismissed because the claimant failed to establish nexus to a Convention ground for a s.96 claim and, on a balance of probabilities, failed to provide credible and corroborated evidence that he would face a real risk to life or cruel and unusual treatment on return under s.97(1); adverse credibility findings, unexplained omissions, delay, failure to seek protection in the United States and lack of corroboration were decisive.

Citation
TB2-01186
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 June 2013
Procedural Posture
Refugee Protection (irpa Sections 96 and 97) / Decision and Reasons (rpd)
Outcome
Refugee protection claim refused; claimant is not a Convention refugee and is not a person in need of protection under sections 96 and 97(1) of the IRPA
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, State Protection, Nexus to Convention Grounds, Corroboration of Evidence
Source Language
English
Immigration Refugee Protection Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment State Protection Nexus to Convention Grounds +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa Sections 96 and 97) / Decision and Reasons (rpd)

Legal Issues

  1. 1 Whether claimant established nexus to a Convention ground
  2. 2 Whether claimant met balance of probabilities standard for risk to life or cruel and unusual treatment under s.97(1) IRPA
  3. 3 Credibility of claimant's testimony and omissions

Ratio Decidendi

The claim is dismissed because the claimant failed to establish nexus to a Convention ground for a s.96 claim and, on a balance of probabilities, failed to provide credible and corroborated evidence that he would face a real risk to life or cruel and unusual treatment on return under s.97(1); adverse credibility findings, unexplained omissions, delay, failure to seek protection in the United States and lack of corroboration were decisive.

Court Disposition

Refugee protection claim refused; claimant is not a Convention refugee and is not a person in need of protection under sections 96 and 97(1) of the IRPA

Orders

  • Refugee protection claim dismissed (not a Convention refugee; not a person in need of protection)