TB1-03384

TB1-03384

The claimant's account contains material inconsistencies and omissions and her asserted conversion is not credible; even if genuine, country evidence and available state protection and reasonable internal flight alternatives (Tashkent or Nukus) mean she has not shown it is more likely than not she would face persecution, therefore she is neither a Convention refugee nor a person in need of protection.

Citation
TB1-03384
Parties
Claimant: XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 December 2012
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 97 / Hearing and Decision (reasons)
Outcome
Claim denied; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Refugee Protection, Sur Place Conversion, Credibility Assessment, Internal Flight Alternative, Religious Persecution, Convention Refugee Determination, Person in Need of Protection
Source Language
English
Immigration Refugee Law Human Rights Law Refugee Protection Sur Place Conversion Credibility Assessment Internal Flight Alternative Religious Persecution +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Immigration)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 97 / Hearing and Decision (reasons)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or person in need of protection
  2. 2 Credibility of the claimant and veracity of her narrative
  3. 3 Whether conversion to Christianity (sur place) creates a well-founded fear of persecution

Ratio Decidendi

The claimant's account contains material inconsistencies and omissions and her asserted conversion is not credible; even if genuine, country evidence and available state protection and reasonable internal flight alternatives (Tashkent or Nukus) mean she has not shown it is more likely than not she would face persecution, therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim denied; claimant found not to be a Convention refugee and not a person in need of protection.