MB1-07214

MB1-07214

The panel found the claimant not credible and concluded that she left Cuba on a legitimately obtained exit visa; any risk on return is solely linked to her failure to renew that visa or self-created circumstances, which under binding jurisprudence do not constitute persecution under sections 96 or 97 IRPA; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
MB1-07214
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 October 2012
Procedural Posture
Refugee Protection (refugee Protection Division) / Hearing and Decision
Outcome
Claim denied; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Exit Visa, Immigration Fraud, Persecution, Credibility Assessment, Family/association Risk, Self Induced Overstay
Source Language
English
Immigration Law Refugee Law Administrative Law Exit Visa Immigration Fraud Persecution Credibility Assessment Family/association Risk +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration (Canada)

Respondent

Procedural Posture

Refugee Protection (refugee Protection Division) / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under section 97 IRPA
  3. 3 Whether claimant obtained Cuban exit visa by fraud

Ratio Decidendi

The panel found the claimant not credible and concluded that she left Cuba on a legitimately obtained exit visa; any risk on return is solely linked to her failure to renew that visa or self-created circumstances, which under binding jurisprudence do not constitute persecution under sections 96 or 97 IRPA; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim denied; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Claim dismissed; protection claim denied.