TB4-04025

TB4-04025

The panel concluded that the claimant's repeated misrepresentations, use of fraudulent documents, significant inconsistencies and implausibilities in testimony, and unreliable supporting documents rendered the claimant generally not credible and deprived the claim of sufficient credible or trustworthy evidence to establish a reasonable possibility of persecution or a balance of probabilities risk of torture or cruel and unusual treatment; accordingly the claim is rejected under IRPA ss.96,97 and s.107(2).

Citation
TB4-04025
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 July 2014
Procedural Posture
Refugee Protection Under IRPA / Final Decision (reasons and Decision)
Outcome
Claim rejected
Legal Topics
Convention Refugee Determination, Risk of Torture, Credibility Assessment, Documentary Evidence, Gender Based Persecution
Source Language
English
Immigration Refugee Law Evidence Family/domestic Violence Fraud/misrepresentation Convention Refugee Determination Risk of Torture Credibility Assessment +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Under IRPA / Final Decision (reasons and Decision)

Legal Issues

  1. 1 whether claimant faces persecution on a Convention ground (domestic violence/gender)
  2. 2 whether claimant faces risk of torture or cruel and unusual treatment or risk to life on return
  3. 3 credibility of claimant's testimony

Ratio Decidendi

The panel concluded that the claimant's repeated misrepresentations, use of fraudulent documents, significant inconsistencies and implausibilities in testimony, and unreliable supporting documents rendered the claimant generally not credible and deprived the claim of sufficient credible or trustworthy evidence to establish a reasonable possibility of persecution or a balance of probabilities risk of torture or cruel and unusual treatment; accordingly the claim is rejected under IRPA ss.96,97 and s.107(2).

Court Disposition

Claim rejected

Orders

  • Claim for refugee protection is rejected
  • Panel finds no credible basis for the claim pursuant to subsection 107(2) IRPA