TB5-09937

TB5-09937

Because the claimant's evidence contained material inconsistencies, included a medical certificate judged to be false, submitted documents the panel found not genuine, and because delays and contradictory conduct undermined any individualized risk, the claimant was not credible and therefore failed to establish a serious possibility of persecution under the Convention or that he is a person in need of protection.

Citation
TB5-09937
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 December 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Claim by Refugee Protection Division (reasons and Decision)
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility Assessment, Persecution, Convention Refugee, Imputed Political Opinion, Medical and Documentary Evidence, Delay in Flight, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Persecution Convention Refugee Imputed Political Opinion Medical and Documentary Evidence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Claim by Refugee Protection Division (reasons and Decision)

Legal Issues

  1. 1 Has the claimant established identity as a citizen of the Democratic Republic of the Congo?
  2. 2 Was the claimant credible?
  3. 3 Has the claimant established a well-founded fear of persecution by reason of imputed political opinion or is he a person in need of protection?

Ratio Decidendi

Because the claimant's evidence contained material inconsistencies, included a medical certificate judged to be false, submitted documents the panel found not genuine, and because delays and contradictory conduct undermined any individualized risk, the claimant was not credible and therefore failed to establish a serious possibility of persecution under the Convention or that he is a person in need of protection.

Court Disposition

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