MB6-02123

MB6-02123

The panel rejected the claim because the claimant's testimony and supporting documents contained material inconsistencies, omissions and indicia of fabrication that destroyed his credibility; as a result he failed to establish a serious possibility of persecution on Convention grounds or that he would more likely than not face torture, death or cruel and unusual treatment on return, and the claim therefore had no credible basis under s.107(2) IRPA.

Citation
MB6-02123
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 November 2016
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Decision by Refugee Protection Division Following Hearings (unrepresented Claimant at Final Hearing)
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Credibility Assessment, Convention Refugee Status, Person in Need of Protection, Documentary Evidence, Credible Basis (s.107(2) Irpa)
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Person in Need of Protection Documentary Evidence Credible Basis (s.107(2) Irpa)

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Decision by Refugee Protection Division Following Hearings (unrepresented Claimant at Final Hearing)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant's testimony and documents are credible

Ratio Decidendi

The panel rejected the claim because the claimant's testimony and supporting documents contained material inconsistencies, omissions and indicia of fabrication that destroyed his credibility; as a result he failed to establish a serious possibility of persecution on Convention grounds or that he would more likely than not face torture, death or cruel and unusual treatment on return, and the claim therefore had no credible basis under s.107(2) IRPA.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Refugee protection claim of XXXX XXXX is rejected.
  • Panel finds no credible basis for the claim within the meaning of subsection 107(2) IRPA.