MB4-05022

MB4-05022

The claim is rejected because the claimant was found not credible due to material omissions and contradictions in her Basis of Claim form and testimony, and she failed to demonstrate a serious possibility of persecution or, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment; state protection and internal relocation were not shown to be unavailable.

Citation
MB4-05022
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 March 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Decision Rendered
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, Internal Flight Alternative, State Protection, Widowhood Rites and Private Actor Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Internal Flight Alternative State Protection +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Decision Rendered

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Whether claimant faces a serious possibility of persecution by private actors (in-laws)
  3. 3 Availability of state protection

Ratio Decidendi

The claim is rejected because the claimant was found not credible due to material omissions and contradictions in her Basis of Claim form and testimony, and she failed to demonstrate a serious possibility of persecution or, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment; state protection and internal relocation were not shown to be unavailable.

Court Disposition

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

Orders

  • Claim for refugee protection rejected