TB1-11793

TB1-11793

The claimant failed to establish his identity by acceptable documentation or by credible, consistent testimony as required by s.106 IRPA and Rule 7 RPD Rules; cumulative inconsistencies and omissions in his PIF and testimony destroyed his credibility, therefore his refugee protection claim is rejected and he is not a Convention refugee nor a person in need of protection.

Citation
TB1-11793
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 August 2012
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division Hearing)
Outcome
Claim rejected
Legal Topics
Identity Documentation, Credibility Findings, Convention Refugee Determination, Risk of Persecution, Risk of Torture, PIF Disclosure Obligations
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Documentation Credibility Findings Convention Refugee Determination Risk of Persecution Risk of Torture +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division Hearing)

Legal Issues

  1. 1 Whether the claimant established his identity
  2. 2 Whether the claimant's testimony was credible
  3. 3 Whether the claimant is a Convention refugee under IRPA

Ratio Decidendi

The claimant failed to establish his identity by acceptable documentation or by credible, consistent testimony as required by s.106 IRPA and Rule 7 RPD Rules; cumulative inconsistencies and omissions in his PIF and testimony destroyed his credibility, therefore his refugee protection claim is rejected and he is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected

Orders

  • Claim for refugee protection is rejected
  • Claimant is not a Convention refugee