MB2-01613

MB2-01613

The panel rejected the claim because the claimant failed to establish credibility on critical elements of his account; inconsistencies in testimony, implausible conduct (delay and failure to seek alternative refuge) and documentary evidence led the panel to conclude there was no well-founded fear of persecution or risk of torture on return.

Citation
MB2-01613
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 June 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision at Refugee Protection Division
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Well Founded Fear of Persecution, Convention Refugee, Delay in Leaving Country, Risk of Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Protection Human Rights Torture Credibility Well Founded Fear of Persecution Convention Refugee Delay in Leaving Country +1 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under IRPA
  3. 3 Whether the claimant faces a risk of torture or cruel and unusual treatment on return

Ratio Decidendi

The panel rejected the claim because the claimant failed to establish credibility on critical elements of his account; inconsistencies in testimony, implausible conduct (delay and failure to seek alternative refuge) and documentary evidence led the panel to conclude there was no well-founded fear of persecution or risk of torture on return.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection

Orders

  • Refugee protection claim dismissed