TA9-23753

TA9-23753

The claimant's evidence was found not credible on a balance of probabilities because she failed to produce available corroboration (notably her daughter's testimony or documents), displayed an unreasonable delay in seeking protection and relied on an unsigned medical report of limited probative value; absent credible evidence of a nexus to a Convention ground and absent individualized risk, the panel concluded she is neither a Convention refugee nor a person in need of protection under s.97 of IRPA.

Citation
TA9-23753
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Respondent); Tribunal Member: Michael S. McCaffrey
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 July 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision
Outcome
Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Domestic Violence, Credibility, Production of Documents, Delay in Making a Claim, Risk of Torture, Risk to Life or Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Administrative Law Gender Related Persecution Convention Refugee Person in Need of Protection Particular Social Group Domestic Violence +5 more

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Parties

XXXXX XXXXX

Claimant

Minister (Respondent)

Respondent

Michael S. McCaffrey

Tribunal Member

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under s.97
  3. 3 Credibility of the claimant's testimony and documentary evidence

Ratio Decidendi

The claimant's evidence was found not credible on a balance of probabilities because she failed to produce available corroboration (notably her daughter's testimony or documents), displayed an unreasonable delay in seeking protection and relied on an unsigned medical report of limited probative value; absent credible evidence of a nexus to a Convention ground and absent individualized risk, the panel concluded she is neither a Convention refugee nor a person in need of protection under s.97 of IRPA.

Court Disposition

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

Orders

  • Claim rejected; protection denied