TB2-10124

TB2-10124

On the balance of probabilities the panel found the claimant not credible on material facts, assigned little weight to medical and police reports due to inconsistencies and unexplained delays, and concluded there was no credible subjective fear nor reliable documentary basis for protection; accordingly the claim fails under sections 96 and 97 and there was no credible basis under section 107(2) IRPA.

Citation
TB2-10124
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 December 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Refugee Protection Division Hearing and Decision
Outcome
Refugee claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Refugee Protection, Credibility Assessment, Persecution Based on Sexual Orientation, State Protection, Delay in Filing
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Assessment Persecution Based on Sexual Orientation State Protection Delay in Filing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / 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 the claimant's testimony and documentary evidence are credible

Ratio Decidendi

On the balance of probabilities the panel found the claimant not credible on material facts, assigned little weight to medical and police reports due to inconsistencies and unexplained delays, and concluded there was no credible subjective fear nor reliable documentary basis for protection; accordingly the claim fails under sections 96 and 97 and there was no credible basis under section 107(2) IRPA.

Court Disposition

Refugee claim rejected; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim rejected
  • No protection granted under sections 96 or 97 of the IRPA