TB1-11308

TB1-11308

On the balance of probabilities the claimant failed to establish his identity and nationality as a North Korean citizen and failed to provide credible, consistent testimony or corroborating evidence in light of documentary country conditions; adverse inferences drawn from inconsistencies and implausibilities support rejection of the refugee claim.

Citation
TB1-11308
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 January 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Final Decision by Refugee Protection Division
Outcome
Claimant's refugee protection claim rejected; not a Convention refugee and not a person in need of protection.
Legal Topics
Credibility Assessment, Identity and Nationality, Country of Origin Information, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Identity and Nationality Country of Origin Information Convention Refugee Determination

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Final Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a citizen of the DPRK (North Korea)
  2. 2 Whether the claimant's testimony and documentary evidence are credible
  3. 3 Whether the claimant left North Korea and travelled to China and thereafter to Canada as alleged

Ratio Decidendi

On the balance of probabilities the claimant failed to establish his identity and nationality as a North Korean citizen and failed to provide credible, consistent testimony or corroborating evidence in light of documentary country conditions; adverse inferences drawn from inconsistencies and implausibilities support rejection of the refugee claim.

Court Disposition

Claimant's refugee protection claim rejected; not a Convention refugee and not a person in need of protection.

Orders

  • Claimant's claim is rejected; decision dated January 14, 2013 by R. S. Garner