TB6-05447

TB6-05447

The claim is rejected because the claimant sought to mislead the Tribunal about the whereabouts of original identity documents, provided inconsistent and unreliable testimony (including material inconsistencies with prior US asylum interviews), submitted documents found not to be genuine regarding HDP membership, and therefore failed to prove on the required standard that he faces a real risk of persecution, torture, risk to life or cruel and unusual treatment if returned to Turkey.

Citation
TB6-05447
Parties
Claimant: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 September 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision Following Hearing
Outcome
Claimant not found to be a Convention refugee and not a person in need of protection; claim rejected
Legal Topics
Credibility Assessment, Identity Documents, Convention Refugee Status, Risk of Persecution, Political Opinion, Documentary Evidence, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Identity Documents Convention Refugee Status Risk of Persecution Political Opinion +2 more

Case Brief

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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 Following Hearing

Legal Issues

  1. 1 Whether the claimant established identity
  2. 2 Whether the claimant is a credible witness
  3. 3 Whether claimant is a Convention refugee under s.96/97 IRPA

Ratio Decidendi

The claim is rejected because the claimant sought to mislead the Tribunal about the whereabouts of original identity documents, provided inconsistent and unreliable testimony (including material inconsistencies with prior US asylum interviews), submitted documents found not to be genuine regarding HDP membership, and therefore failed to prove on the required standard that he faces a real risk of persecution, torture, risk to life or cruel and unusual treatment if returned to Turkey.

Court Disposition

Claimant not found to be a Convention refugee and not a person in need of protection; claim rejected

Orders

  • Refugee protection claim rejected; no protection granted