TA4-11919

TA4-11919

The claimant's allegation did not establish a well-founded fear on a Convention ground because his testimony lacked credibility, material inconsistencies and insufficient corroboration, his travel and failure to claim in the U.S. undermined subjective fear, and documentary evidence did not show a real risk; therefore there is not a serious possibility of persecution or risk of torture on return and the claim is rejected.

Citation
TA4-11919
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 November 2006
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Hearing and Final Decision by Refugee Protection Division
Outcome
Claimant's refugee claim rejected; not a Convention refugee and not a person in need of protection
Legal Topics
Refugee Determination, Credibility Assessment, Exclusion Under Article 1 F(b), Sur Place, Failure to Claim Elsewhere, Risk of Torture/cruel and Unusual Treatment, Freedom of Expression/press
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Criminal Law Refugee Determination Credibility Assessment Exclusion Under Article 1 F(b) +4 more

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Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Hearing and Final Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant has a well-founded fear of persecution for a Convention ground
  3. 3 Whether there is nexus between alleged harm and a Convention ground

Ratio Decidendi

The claimant's allegation did not establish a well-founded fear on a Convention ground because his testimony lacked credibility, material inconsistencies and insufficient corroboration, his travel and failure to claim in the U.S. undermined subjective fear, and documentary evidence did not show a real risk; therefore there is not a serious possibility of persecution or risk of torture on return and the claim is rejected.

Court Disposition

Claimant's refugee claim rejected; not a Convention refugee and not a person in need of protection

Orders

  • Refugee claim rejected