TB2-02217

TB2-02217

The claim is rejected because the claimant was found not credible on core elements (inconsistent employment and visa evidence, fraudulent or suspicious supporting documents, implausible timing and insufficient corroboration) and therefore failed to establish risk of persecution or need for protection on the balance of probabilities; consequently he is neither a Convention refugee nor a person in need of protection.

Citation
TB2-02217
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 January 2018
Procedural Posture
Refugee Protection Claim (irpa Ss. 96 and 97(1)) / Decision Following Hearing (reasons Issued January 24, 2018)
Outcome
Claim rejected — claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Documentary Fraud, Corroboration
Source Language
English
Immigration Refugee Law Administrative Law Evidence Credibility Convention Refugee Person in Need of Protection Documentary Fraud +1 more

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss. 96 and 97(1)) / Decision Following Hearing (reasons Issued January 24, 2018)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant's testimony is credible

Ratio Decidendi

The claim is rejected because the claimant was found not credible on core elements (inconsistent employment and visa evidence, fraudulent or suspicious supporting documents, implausible timing and insufficient corroboration) and therefore failed to establish risk of persecution or need for protection on the balance of probabilities; consequently he is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the claim; protection is not granted