TB6-06355

TB6-06355

The panel rejected the claimant's evidence as not credible and materially fabricated (omissions and inconsistent testimony regarding living with co-practitioners, the alleged arrest, internet movie uploads, hotline contact and Toronto letter); on the balance of probabilities the claimant failed to establish a reasonable possibility of persecution on a Convention ground or a risk under s.97(1), and accordingly the claim is manifestly unfounded under s.107.1 IRPA.

Citation
TB6-06355
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 October 2016
Procedural Posture
Refugee Protection Claim Under IRPA / Decision After Hearing
Outcome
Claim rejected as manifestly unfounded pursuant to s.107.1 IRPA
Legal Topics
Refugee Protection, Manifestly Unfounded, Credibility Assessment, Persecution, Risk of Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Manifestly Unfounded Credibility Assessment Persecution Risk of Torture

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is a refugee under the Convention
  2. 2 Whether there is a reasonable possibility of persecution on a Convention ground
  3. 3 Whether the claimant faces a risk of torture, risk to life, or cruel and unusual treatment under s.97(1) IRPA

Ratio Decidendi

The panel rejected the claimant's evidence as not credible and materially fabricated (omissions and inconsistent testimony regarding living with co-practitioners, the alleged arrest, internet movie uploads, hotline contact and Toronto letter); on the balance of probabilities the claimant failed to establish a reasonable possibility of persecution on a Convention ground or a risk under s.97(1), and accordingly the claim is manifestly unfounded under s.107.1 IRPA.

Court Disposition

Claim rejected as manifestly unfounded pursuant to s.107.1 IRPA

Orders

  • Claim dismissed as manifestly unfounded pursuant to s.107.1 of the Immigration and Refugee Protection Act