TB5-13673

TB5-13673

The claim is dismissed because the panel found the claimant and supporting witness not credible due to pervasive inconsistencies, apparent attempts to mislead, unclear authorship of the Basis of Claim, and lack of objective or medical evidence to explain testimonial defects; therefore the claimant failed to prove a serious possibility of persecution or need for protection on the balance of probabilities.

Citation
TB5-13673
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 April 2016
Procedural Posture
Refugee Protection Claim Under IRPA Sections 96 and 97 / Decision
Outcome
Claim dismissed; claimant not found to be a Convention refugee and not a person in need of protection.
Legal Topics
Credibility Assessment, Convention Refugee Determination, Person in Need of Protection, Gender Based Persecution, Vulnerability Accommodations, Safe Third Country
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Person in Need of Protection Gender Based Persecution Vulnerability Accommodations +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA Sections 96 and 97 / Decision

Legal Issues

  1. 1 Identity
  2. 2 Credibility of testimonial evidence
  3. 3 Existence of a serious possibility of persecution

Ratio Decidendi

The claim is dismissed because the panel found the claimant and supporting witness not credible due to pervasive inconsistencies, apparent attempts to mislead, unclear authorship of the Basis of Claim, and lack of objective or medical evidence to explain testimonial defects; therefore the claimant failed to prove a serious possibility of persecution or need for protection on the balance of probabilities.

Court Disposition

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