TB7-01492

TB7-01492

The panel found the claimant generally not credible due to material inconsistencies and absence of objective evidence for the alleged dissident group; on that basis the claimant failed to establish a serious possibility of persecution or, on a balance of probabilities, a risk of torture or cruel and unusual treatment, and the claim was therefore rejected as having no credible basis under s.107(2) IRPA.

Citation
TB7-01492
Parties
Claimant: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 May 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision After Merits Hearing
Outcome
Claim for refugee protection rejected; claim found to have no credible basis and manifestly unfounded under s.107(2) IRPA
Legal Topics
Credibility Assessment, Convention Refugee, Risk of Torture, Manifestly Unfounded Claim (s.107(2) Irpa)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Risk of Torture Manifestly Unfounded Claim (s.107(2) Irpa)

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Parties

XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether claimant is credible
  2. 2 Whether an objectively verifiable dissident group existed
  3. 3 Whether claimant faces a serious possibility of persecution on a Convention ground

Ratio Decidendi

The panel found the claimant generally not credible due to material inconsistencies and absence of objective evidence for the alleged dissident group; on that basis the claimant failed to establish a serious possibility of persecution or, on a balance of probabilities, a risk of torture or cruel and unusual treatment, and the claim was therefore rejected as having no credible basis under s.107(2) IRPA.

Court Disposition

Claim for refugee protection rejected; claim found to have no credible basis and manifestly unfounded under s.107(2) IRPA

Orders

  • Claim for refugee protection rejected; claim found to have no credible basis within the meaning of section 107(2) of the Immigration and Refugee Protection Act