TB5-09496

TB5-09496

The panel found the claimant's core allegation undermined by inconsistent and unreliable documentary evidence and implausible explanations for failing to correct or authenticate those documents, and alternatively found a reasonable internal flight alternative to Sulamaniyah; therefore the claimant did not meet the...

Source-derived case information.

Citation
TB5-09496
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 July 2018
Procedural Posture
Refugee Protection Claim / Re Hearing
Outcome
Claim rejected; claimant is not a Convention refugee or person in need of protection.
Legal Topics
Credibility, Internal Flight Alternative, Convention Refugee Status, Documentary Evidence, Burden of Proof, Protection Claim Procedure
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Internal Flight Alternative Convention Refugee Status Documentary Evidence Burden of Proof +1 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Re Hearing

Legal Issues

  1. 1 Credibility of claimant testimony
  2. 2 Authenticity and consistency of documentary evidence
  3. 3 Availability of internal flight alternative

Ratio Decidendi

The panel found the claimant's core allegation undermined by inconsistent and unreliable documentary evidence and implausible explanations for failing to correct or authenticate those documents, and alternatively found a reasonable internal flight alternative to Sulamaniyah; therefore the claimant did not meet the balance of probabilities required for refugee protection or protection from risk of serious harm.

Court Disposition

Claim rejected; claimant is not a Convention refugee or person in need of protection.