TB0-06999

TB0-06999

The claimant's testimony was found not credible and inconsistent, he failed to disclose and explain material facts (US immigration status, travel), he did not take reasonable steps to seek state protection and did not rebut the presumption that Kosovo could provide adequate protection; on the balance of probabilities there is not a well‑founded fear of persecution or risk to life, therefore the claim must be rejected.

Citation
TB0-06999
Parties
Claimant: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 October 2012
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 97 / Final Decision on the Merits
Outcome
Claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, State Protection, Burden of Proof, Well Founded Fear
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment State Protection Burden of Proof +1 more

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Parties

XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 97 / Final Decision on the Merits

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee (persecution)
  2. 2 Whether the claimant is a person in need of protection (risk to life/torture)
  3. 3 Credibility and reliability of the claimant's evidence

Ratio Decidendi

The claimant's testimony was found not credible and inconsistent, he failed to disclose and explain material facts (US immigration status, travel), he did not take reasonable steps to seek state protection and did not rebut the presumption that Kosovo could provide adequate protection; on the balance of probabilities there is not a well‑founded fear of persecution or risk to life, therefore the claim must be rejected.

Court Disposition

Claim rejected

Orders

  • Claimant is not a Convention refugee
  • Claimant is not a person in need of protection