TB1-11921

TB1-11921

The claim fails because the claimant's evidence was found not credible (inconsistencies and apparent false documents) and objective country information indicates she would not face persecution or the required s.97 risks on return; therefore she is neither a Convention refugee under s.96 nor in need of protection under s.97.

Citation
TB1-11921
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 December 2013
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Merits Hearing and Decision
Outcome
Claim rejected (not a Convention refugee; not a person in need of protection)
Legal Topics
Credibility, Forced Abortion/sterilization, One Child Policy, Documentation Authenticity, Risk Assessment, Gender Related Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Family Planning Policy Credibility Forced Abortion/sterilization One Child Policy Documentation Authenticity +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Merits Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA (risk to life/cruel or unusual treatment or torture)
  3. 3 Credibility of the claimant including alleged provision of false documents and inconsistencies

Ratio Decidendi

The claim fails because the claimant's evidence was found not credible (inconsistencies and apparent false documents) and objective country information indicates she would not face persecution or the required s.97 risks on return; therefore she is neither a Convention refugee under s.96 nor in need of protection under s.97.

Court Disposition

Claim rejected (not a Convention refugee; not a person in need of protection)

Orders

  • Refugee claim rejected under IRPA ss.96 and 97; no protection granted