TB2-04157

TB2-04157

The panel found the claimant not credible on material aspects (short, non-cohabiting relationships, lack of corroboration, implausibility of ongoing interest or serious threats) and therefore concluded she did not establish a nexus to a Convention ground or that there were good grounds for a well-founded fear of persecution; claim rejected under ss.96 and 97(1) IRPA.

Citation
TB2-04157
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 May 2018
Procedural Posture
Refugee Protection Claim / Decision (merits Hearing)
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection
Legal Topics
Convention Refugee Status, Person in Need of Protection, Credibility Assessment, Gender Related Persecution, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Status Person in Need of Protection Credibility Assessment Gender Related Persecution State Protection

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision (merits Hearing)

Legal Issues

  1. 1 Credibility of the claimant
  2. 2 Nexus to a Convention ground (gender/sexual orientation)
  3. 3 Whether there are good grounds for a well-founded fear of persecution

Ratio Decidendi

The panel found the claimant not credible on material aspects (short, non-cohabiting relationships, lack of corroboration, implausibility of ongoing interest or serious threats) and therefore concluded she did not establish a nexus to a Convention ground or that there were good grounds for a well-founded fear of persecution; claim rejected under ss.96 and 97(1) IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee and is not a person in need of protection

Orders

  • Claim rejected