TB0-06298
The claimant's account was not credible because core allegations lacked corroboration, key supporting documents contained material inconsistencies and indicia of non-genuineness (wrong dates, blank fields, improbable drafting), and on the balance of probabilities these failures defeat a finding of a well-founded fear or real risk under ss.96 and 97 IRPA; accordingly the claim is rejected.
- Citation
- TB0-06298
- Parties
- Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 15 October 2012
- Procedural Posture
- Refugee Protection (irpa Ss.96 97) / Decision Following Hearing
- Outcome
- Claim rejected
- Legal Topics
- Forced Marriage, Persecution of a Family Member, Blood Feud / Vendetta, Documentary Evidence Authenticity, Credibility Findings, Risk on Return, Convention Refugee, Person in Need of Protection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX
Claimant
Minister (Canada)
Respondent
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Decision Following Hearing
Legal Issues
- 1 Whether the claimant is a Convention refugee under s.96 IRPA
- 2 Whether the claimant is a person in need of protection under s.97 IRPA
- 3 Whether the claimant's evidence and supporting documents are credible and genuine
Ratio Decidendi
The claimant's account was not credible because core allegations lacked corroboration, key supporting documents contained material inconsistencies and indicia of non-genuineness (wrong dates, blank fields, improbable drafting), and on the balance of probabilities these failures defeat a finding of a well-founded fear or real risk under ss.96 and 97 IRPA; accordingly the claim is rejected.
Court Disposition
Claim rejected
Orders
- Claim rejected
- No protection granted under sections 96 or 97 of the Immigration and Refugee Protection Act
Full Case Text
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