MB8-26803

MB8-26803

Claimant failed to meet the required evidentiary burden because objective country evidence showed church closures were regulatory and many reopened, and claimant's conduct (able to leave Rwanda and continue working) and testimony lacked credibility and corroboration; therefore there is no serious possibility of persecution or balance of probabilities risk under IRPA sections 96 and 97(1).

Citation
MB8-26803
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 May 2019
Procedural Posture
Refugee Protection Claim (rpd) / Hearing and Decision (merits)
Outcome
Claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Risk Assessment, Religious Persecution
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Risk Assessment Religious Persecution

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (rpd) / Hearing and Decision (merits)

Legal Issues

  1. 1 Credibility of claimant's testimony
  2. 2 Whether claimant has subjective fear and justification for delay in leaving Rwanda
  3. 3 Whether there is a serious possibility of persecution on a Convention ground

Ratio Decidendi

Claimant failed to meet the required evidentiary burden because objective country evidence showed church closures were regulatory and many reopened, and claimant's conduct (able to leave Rwanda and continue working) and testimony lacked credibility and corroboration; therefore there is no serious possibility of persecution or balance of probabilities risk under IRPA sections 96 and 97(1).

Court Disposition

Claim rejected

Orders

  • Refugee protection claim denied under sections 96 and 97(1) of the Immigration and Refugee Protection Act; decision dated May 27, 2019