TB2-13882

TB2-13882

The claim is rejected because the claimant failed to satisfy the burden of proof: material omissions and inconsistencies in forms and testimony, implausible explanations (including failure to seek asylum in the UK), lack of corroboration for alleged detention and torture, and a documentary police letter inconsistent with detention collectively destroy credibility and negate a subjective fear of persecution under s.96 and need for protection under s.97 IRPA.

Citation
TB2-13882
Parties
Claimant / Asylum Seeker: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 October 2017
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision Rendered Orally; Written Reasons Signed Subsequently
Outcome
Claim rejected
Legal Topics
Credibility Assessment, Convention Refugee Determination, Person in Need of Protection, Failure to Seek Asylum in Intermediate Country, Corroboration and Documentary Evidence, Past Persecution Allegations
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Convention Refugee Determination Person in Need of Protection Failure to Seek Asylum in Intermediate Country +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant / Asylum Seeker

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision Rendered Orally; Written Reasons Signed Subsequently

Legal Issues

  1. 1 Whether claimant has established subjective fear of persecution based on political opinion
  2. 2 Whether claimant is a Convention refugee under s.96 IRPA or person in need of protection under s.97 IRPA
  3. 3 Whether claimant’s evidence is credible given omissions, inconsistencies and lack of corroboration

Ratio Decidendi

The claim is rejected because the claimant failed to satisfy the burden of proof: material omissions and inconsistencies in forms and testimony, implausible explanations (including failure to seek asylum in the UK), lack of corroboration for alleged detention and torture, and a documentary police letter inconsistent with detention collectively destroy credibility and negate a subjective fear of persecution under s.96 and need for protection under s.97 IRPA.

Court Disposition

Claim rejected

Orders

  • Claimant's refugee protection claim rejected.
  • Written reasons to be issued to claimant and parties.