MB7-11084

MB7-11084

The Tribunal dismissed the claim because the claimant failed to prove, on the required standards, a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture or risk to life or cruel and unusual treatment; this conclusion was grounded on major credibility defects, contradictory and unreliable documentary evidence, implausible timing and lack of demonstrated motive for targeted attacks, and therefore the claim had no credible basis under s.107(2) IRPA.

Citation
MB7-11084
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 April 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons for Decision)
Outcome
Claim denied; refugee protection refused. Tribunal finds no credible basis for the claim pursuant to section 107(2) IRPA.
Legal Topics
Refugee Protection, Persecution, Torture and Risk to Life, Credibility Assessment, Gender Based Persecution, No Credible Basis (s.107(2) Irpa)
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Persecution Torture and Risk to Life Credibility Assessment Gender Based Persecution +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimant faces a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant would, on the balance of probabilities, face torture, risk to life or cruel and unusual treatment on return
  3. 3 Whether the claimant's evidence is credible and probative

Ratio Decidendi

The Tribunal dismissed the claim because the claimant failed to prove, on the required standards, a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture or risk to life or cruel and unusual treatment; this conclusion was grounded on major credibility defects, contradictory and unreliable documentary evidence, implausible timing and lack of demonstrated motive for targeted attacks, and therefore the claim had no credible basis under s.107(2) IRPA.

Court Disposition

Claim denied; refugee protection refused. Tribunal finds no credible basis for the claim pursuant to section 107(2) IRPA.

Orders

  • Refugee protection claim dismissed
  • No credible basis found under section 107(2) of the Immigration and Refugee Protection Act