TB7-00794

TB7-00794

The claimant's testimony was found not credible and materially inconsistent; he failed to provide corroboration for the alleged shooting and could not establish a nexus between the gang violence he alleged and a Convention ground. His prolonged stay in the United States without seeking protection, coupled with his CBSA statements and lack of corroboration, established on a balance of probabilities that he would not face torture, risk to life, or cruel and unusual treatment on return. Therefore the claim fails under s.96 and s.97(1) IRPA.

Citation
TB7-00794
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 February 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Decision Issued
Outcome
Refugee claim rejected; claimant is not a Convention refugee and not a person in need of protection under subsection 97(1) IRPA
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Failure to Seek Protection in Transit Country, Nexus to Convention Ground, Non State Actors (gangs)
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Failure to Seek Protection in Transit Country Nexus to Convention Ground +1 more

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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 Issued

Legal Issues

  1. 1 Whether the claimant faces a well-founded fear of persecution on a Convention ground
  2. 2 Whether there is nexus between alleged harm and a Convention ground
  3. 3 Credibility of claimant's testimony and evolving statements

Ratio Decidendi

The claimant's testimony was found not credible and materially inconsistent; he failed to provide corroboration for the alleged shooting and could not establish a nexus between the gang violence he alleged and a Convention ground. His prolonged stay in the United States without seeking protection, coupled with his CBSA statements and lack of corroboration, established on a balance of probabilities that he would not face torture, risk to life, or cruel and unusual treatment on return. Therefore the claim fails under s.96 and s.97(1) IRPA.

Court Disposition

Refugee claim rejected; claimant is not a Convention refugee and not a person in need of protection under subsection 97(1) IRPA

Orders

  • Refugee claim rejected (decision dated February 20, 2018)