TB1-17315

TB1-17315

The claimant's testimony and documentary record are not sufficiently credible or corroborated to establish a real personal risk of persecution, death, or torture on return; therefore he is neither a Convention refugee nor a person in need of protection under IRPA.

Citation
TB1-17315
Parties
Claimant: XXXXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 May 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by the Refugee Protection Division
Outcome
Claim rejected; claimant found not to be a Convention refugee and not to be a person in need of protection
Legal Topics
Convention Refugee Determination, Person in Need of Protection, Credibility Assessment, Corroboration, Risk of Torture, Removal to Country
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee Determination Person in Need of Protection Credibility Assessment Corroboration +2 more

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Parties

XXXXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under ss.96 and 97(1) IRPA
  2. 2 Whether the claimant is a person in need of protection (risk to life, cruel and unusual treatment, or torture)
  3. 3 Assessment of credibility and corroborative evidence

Ratio Decidendi

The claimant's testimony and documentary record are not sufficiently credible or corroborated to establish a real personal risk of persecution, death, or torture on return; therefore he is neither a Convention refugee nor a person in need of protection under IRPA.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not to be a person in need of protection

Orders

  • Refugee Protection Division rejects the claimant's refugee protection claim