TB5-08697

TB5-08697

On the balance of probabilities the claimant was not credible and failed to establish his identity; material inconsistencies, implausible explanations and documentary evidence lacking probative value meant the claim failed under s.106 IRPA and RPD Rules and must be rejected.

Citation
TB5-08697
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 January 2016
Procedural Posture
Refugee Protection Claim / Decision Following Merits Hearing
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Identity Documentation, Sexual Orientation Persecution, Convention Refugee Determination, Procedural Compliance
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Identity Documentation Sexual Orientation Persecution Convention Refugee Determination Procedural Compliance

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Merits Hearing

Legal Issues

  1. 1 Whether claimant's identity was established
  2. 2 Whether claimant's sexual orientation was credibly proven
  3. 3 Whether inconsistencies and omissions undermine the claim

Ratio Decidendi

On the balance of probabilities the claimant was not credible and failed to establish his identity; material inconsistencies, implausible explanations and documentary evidence lacking probative value meant the claim failed under s.106 IRPA and RPD Rules and must be rejected.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Claim for refugee protection dismissed