TB5-00630

TB5-00630

The tribunal rejected the claim because the claimant's evidence was found generally not credible due to material omissions and inconsistencies in his Basis of Claim and testimony, documentary evidence did not establish ongoing targeting by Sudanese authorities, and the claimant's ability to obtain travel documents and leave Sudan was inconsistent with his allegations; therefore he is neither a Convention refugee under section 96 nor a person in need of protection under section 97(1) of IRPA.

Citation
TB5-00630
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 April 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons Issued)
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk of Torture or Cruel Treatment, Membership in a Political/social Group, Country Conditions Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Law Credibility Assessment Convention Refugee Determination Risk of Torture or Cruel Treatment Membership in a Political/social Group Country Conditions Evidence

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons Issued)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97(1) of IRPA
  3. 3 Whether the claimant's testimony and documents are credible and sufficiently probative

Ratio Decidendi

The tribunal rejected the claim because the claimant's evidence was found generally not credible due to material omissions and inconsistencies in his Basis of Claim and testimony, documentary evidence did not establish ongoing targeting by Sudanese authorities, and the claimant's ability to obtain travel documents and leave Sudan was inconsistent with his allegations; therefore he is neither a Convention refugee under section 96 nor a person in need of protection under section 97(1) of IRPA.

Court Disposition

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

Orders

  • Claim rejected