TB7-00796

TB7-00796

The claimant's refugee claim was rejected because material inconsistencies and omissions in his evidence, together with his failure to seek asylum in the USA despite opportunities and family there, undermined his credibility and precluded a finding of a well-founded fear of persecution under section 96 of the IRPA.

Citation
TB7-00796
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 August 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division Reasons and Decision)
Outcome
Claim denied; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, Credibility Assessment, Particular Social Group, Forum Shopping, Failure to Seek Protection in Alternate Country
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Well Founded Fear of Persecution Credibility Assessment Particular Social Group Forum Shopping +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division Reasons and Decision)

Legal Issues

  1. 1 Whether the claimant established a well-founded fear of persecution based on religion or membership of a particular social group
  2. 2 Whether the claimant's credibility is sufficient to found a refugee claim given inconsistencies and omissions
  3. 3 Whether failure to seek asylum in the USA undermines claimed subjective fear and constitutes forum shopping

Ratio Decidendi

The claimant's refugee claim was rejected because material inconsistencies and omissions in his evidence, together with his failure to seek asylum in the USA despite opportunities and family there, undermined his credibility and precluded a finding of a well-founded fear of persecution under section 96 of the IRPA.

Court Disposition

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

Orders

  • Refugee claim dismissed