TB1-11306

TB1-11306

The claimant's evidence was not credible or sufficiently corroborated, he failed to rebut the presumption of effective state protection in Russia with clear and convincing evidence, and therefore there is no serious possibility he would be persecuted or subjected to torture or cruel and unusual treatment if returned; claim dismissed under IRPA ss.96 and 97.

Citation
TB1-11306
Parties
Claimant: XXXX XXXX; Respondent: Minister (Respondent); Adjudicator: Refugee Protection Division (Panel: Edward C. Robinson)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 October 2014
Procedural Posture
Refugee Claim Under IRPA (s.96 and S.97) / Hearing and Decision (reasons for Decision)
Outcome
Claimant is not a Convention refugee and not a person in need of protection; claim rejected.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Credibility Assessment, Persecution Vs Discrimination, Delay in Claiming
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection State Protection Credibility Assessment Persecution Vs Discrimination +1 more

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Parties

XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Refugee Protection Division (Panel: Edward C. Robinson)

Adjudicator

Procedural Posture

Refugee Claim Under IRPA (s.96 and S.97) / Hearing and Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection (risk to life/torture/cruel and unusual treatment)
  3. 3 Credibility of claimant and corroborative evidence

Ratio Decidendi

The claimant's evidence was not credible or sufficiently corroborated, he failed to rebut the presumption of effective state protection in Russia with clear and convincing evidence, and therefore there is no serious possibility he would be persecuted or subjected to torture or cruel and unusual treatment if returned; claim dismissed under IRPA ss.96 and 97.

Court Disposition

Claimant is not a Convention refugee and not a person in need of protection; claim rejected.

Orders

  • Claim rejected