TB2-01087

TB2-01087

The claim is rejected because the panel found the claimant's testimony to contain material inconsistencies and significant omissions (notably concerning coercion to act as an informant and concealment after alleged events), found objective corroboration insufficient, and declined to attribute weight to psychiatric and medical reports that depended on the claimant's account; on this basis there was no serious possibility of persecution nor a balance of probabilities risk of torture or cruel treatment if returned to Turkey.

Citation
TB2-01087
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 January 2014
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim rejected - refugee protection denied
Legal Topics
Credibility Assessment, Convention Refugee Claim, Person in Need of Protection, Risk of Torture, Political Opinion/persecution, Medical and Psychiatric Evidence, Failure to Seek Protection in Third Country
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Convention Refugee Claim Person in Need of Protection Risk of Torture +3 more

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision

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) IRPA
  3. 3 Assessment of claimant credibility and inconsistencies

Ratio Decidendi

The claim is rejected because the panel found the claimant's testimony to contain material inconsistencies and significant omissions (notably concerning coercion to act as an informant and concealment after alleged events), found objective corroboration insufficient, and declined to attribute weight to psychiatric and medical reports that depended on the claimant's account; on this basis there was no serious possibility of persecution nor a balance of probabilities risk of torture or cruel treatment if returned to Turkey.

Court Disposition

Claim rejected - refugee protection denied

Orders

  • Claim rejected; refugee protection claim denied