TB2-02483

TB2-02483

The panel found the claimant's extensive, unexplained delay in claiming refugee protection, combined with credibility defects and failures to produce corroborating evidence and relevant H&C materials, destroyed the required subjective fear and credibility; for those reasons the claim was rejected and no further assessment of state protection or torture was required.

Citation
TB2-02483
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 August 2012
Procedural Posture
Refugee Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)
Outcome
Claim dismissed — claimant is not a Convention refugee and not a person in need of protection; claim rejected pursuant to sections 96 and 97(1) of the IRPA.
Legal Topics
Subjective Fear, Delay in Claiming, Credibility Assessment, State Protection, Humanitarian and Compassionate Application
Source Language
English
Refugee Protection Immigration Law Gender Related Persecution Domestic Violence Administrative Law Subjective Fear Delay in Claiming Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant established subjective fear of persecution
  2. 2 Whether delay in claiming bars protection and affects credibility
  3. 3 Whether claimant established nexus to a Convention ground (gender/domestic relationship)

Ratio Decidendi

The panel found the claimant's extensive, unexplained delay in claiming refugee protection, combined with credibility defects and failures to produce corroborating evidence and relevant H&C materials, destroyed the required subjective fear and credibility; for those reasons the claim was rejected and no further assessment of state protection or torture was required.

Court Disposition

Claim dismissed — claimant is not a Convention refugee and not a person in need of protection; claim rejected pursuant to sections 96 and 97(1) of the IRPA.

Orders

  • Refugee protection claim denied
  • No finding of risk to life or cruel and unusual treatment or punishment