VB2-00149

VB2-00149

The claimant's evidence was found not credible on a balance of probabilities; material inconsistencies and omissions—most notably issuance of a Cuban passport and exit visa and the claimant's failure to remain in the United States despite the protections of the Cuban Adjustment Act—undermine his claim that he would be persecuted in Cuba, consequently he is neither a Convention refugee nor a person in need of protection.

Citation
VB2-00149
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 February 2013
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Cuban Adjustment Act, Section 97 Risk, Safe Third Country/alternative Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Cuban Adjustment Act Section 97 Risk +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under section 97
  3. 3 Credibility and consistency of the claimant's testimony and documentary evidence

Ratio Decidendi

The claimant's evidence was found not credible on a balance of probabilities; material inconsistencies and omissions—most notably issuance of a Cuban passport and exit visa and the claimant's failure to remain in the United States despite the protections of the Cuban Adjustment Act—undermine his claim that he would be persecuted in Cuba, consequently he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection