VB8-03293

VB8-03293

The claimant failed to establish on a balance of probabilities a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture or risk to life or cruel and unusual treatment because of major inconsistencies, lack of independent objective evidence of the alleged persecutor's capacity and influence, and a reasonable expectation that state protection or internal relocation would be available; therefore the claim is rejected.

Citation
VB8-03293
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 November 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons Rendered)
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection under sections 96 or 97(1) of the IRPA.
Legal Topics
Convention Refugee, State Protection, Credibility Assessment, Internal Flight Alternative, Risk of Torture and Risk to Life, Conscription
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee State Protection Credibility Assessment Internal Flight Alternative Risk of Torture and Risk to Life +1 more

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons Rendered)

Legal Issues

  1. 1 Identity
  2. 2 Credibility
  3. 3 State protection

Ratio Decidendi

The claimant failed to establish on a balance of probabilities a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture or risk to life or cruel and unusual treatment because of major inconsistencies, lack of independent objective evidence of the alleged persecutor's capacity and influence, and a reasonable expectation that state protection or internal relocation would be available; therefore the claim is rejected.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection under sections 96 or 97(1) of the IRPA.

Orders

  • Claimant's refugee protection claim rejected.