TB1-20983

TB1-20983

The claimant failed to prove his Eritrean identity and failed credibility tests due to inconsistent accounts and documentary contradictions; documents relied upon were unreliable or possibly forged; as a result the claimant did not establish a serious possibility of persecution nor a risk of torture or death, and his refugee protection claim failed on the balance of probabilities.

Citation
TB1-20983
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 January 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (rejected)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Identity Documents, Convention Refugee Determination, Risk of Torture, Referral to CBSA (exclusion)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Identity Documents Convention Refugee Determination Risk of Torture Referral to CBSA (exclusion)

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (rejected)

Legal Issues

  1. 1 Did the claimant establish identity as a national of Eritrea on a balance of probabilities?
  2. 2 Was the claimant credible about detention, torture and escape events?
  3. 3 Did the claimant demonstrate a well-founded fear of persecution under s.96 IRPA?

Ratio Decidendi

The claimant failed to prove his Eritrean identity and failed credibility tests due to inconsistent accounts and documentary contradictions; documents relied upon were unreliable or possibly forged; as a result the claimant did not establish a serious possibility of persecution nor a risk of torture or death, and his refugee protection claim failed on the balance of probabilities.

Court Disposition

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

Orders

  • Claimant's refugee claim rejected
  • Claim referred to Canada Border Services Agency (CBSA) for consideration of possible exclusion under s.1F