TB0-06298

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

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Decision Following Hearing

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97 IRPA
  3. 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