TB2-03033

TB2-03033

On a balance of probabilities the claimant was found not credible on pivotal elements, family and documentary evidence undermined his allegations, objective country and fact‑finding evidence and UNHCR guidance showed no serious possibility of persecution for his profile, sur place was not established by travel on the Sun Sea, and any risk is generalized and excluded under s.97; therefore the claim is rejected.

Citation
TB2-03033
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada); Tribunal: Refugee Protection Division - John Kivlichan
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 October 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection under sections 96 and 97(1) IRPA.
Legal Topics
Credibility, Sur Place, Well‑founded Fear, Section 96 IRPA, Section 97 IRPA, Returnee Risk, UNHCR Guidelines, Failed Asylum Seekers
Source Language
English
Immigration Refugee Law Administrative Law Credibility Sur Place Well‑founded Fear Section 96 IRPA Section 97 IRPA +3 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Refugee Protection Division - John Kivlichan

Tribunal

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1)(a) or (b) IRPA
  3. 3 Credibility of claimant's PIF, CBSA interviews and oral testimony

Ratio Decidendi

On a balance of probabilities the claimant was found not credible on pivotal elements, family and documentary evidence undermined his allegations, objective country and fact‑finding evidence and UNHCR guidance showed no serious possibility of persecution for his profile, sur place was not established by travel on the Sun Sea, and any risk is generalized and excluded under s.97; therefore the claim is rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection under sections 96 and 97(1) IRPA.