TB4-04334

TB4-04334

The claim is rejected because the panel found the claimant not credible due to multiple inconsistencies and implausibilities; consequently the claimant failed to prove a serious possibility of persecution on a Convention ground and failed to establish a s.97(1) risk on the balance of probabilities.

Citation
TB4-04334
Parties
Claimant: XXXX XXXX; Respondent: Minister (Citizenship and Immigration)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 August 2014
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97) / Decision on Merits After Hearing
Outcome
Claim rejected
Legal Topics
Credibility Assessment, Persecution in Private Violence/family Feud, Risk of Torture/cruel and Unusual Treatment, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Persecution in Private Violence/family Feud Risk of Torture/cruel and Unusual Treatment Burden of Proof

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Parties

XXXX XXXX

Claimant

Minister (Citizenship and Immigration)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Decision on Merits After Hearing

Legal Issues

  1. 1 Whether claimant established a serious possibility of persecution on a Convention ground
  2. 2 Credibility of claimant's testimony
  3. 3 Whether claimant faces risk to life or risk of cruel and unusual treatment or torture under s.97(1)

Ratio Decidendi

The claim is rejected because the panel found the claimant not credible due to multiple inconsistencies and implausibilities; consequently the claimant failed to prove a serious possibility of persecution on a Convention ground and failed to establish a s.97(1) risk on the balance of probabilities.

Court Disposition

Claim rejected

Orders

  • Claim rejected