MB7-15088

MB7-15088

The claimant's core allegations were not credible due to material, unexplained contradictions between her testimony and documentary evidence regarding the existence and dates of her alleged business and the dates and details of attacks; because she failed to discharge the burden on a balance of probabilities to show a serious possibility of persecution or a risk of torture, death, or cruel and unusual treatment, the claim is rejected.

Citation
MB7-15088
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 April 2019
Procedural Posture
Refugee Protection Claim (irpa Section 96/97) / Decision (refugee Protection Division)
Outcome
Refugee protection claim rejected
Legal Topics
Credibility Assessment, Particular Social Group, Women and Gender Related Persecution, Convention Refugee Status, Risk Assessment, Country Condition Evidence
Source Language
English
Immigration Refugee Law Administrative Law Gender Based Violence Credibility Assessment Particular Social Group Women and Gender Related Persecution Convention Refugee Status +2 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Section 96/97) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 or a person in need of protection under subsection 97(1) of the IRPA
  2. 2 Whether the claimant's allegations are credible
  3. 3 Whether the claimant, as a woman, belongs to a particular social group facing a serious possibility of persecution in Haiti

Ratio Decidendi

The claimant's core allegations were not credible due to material, unexplained contradictions between her testimony and documentary evidence regarding the existence and dates of her alleged business and the dates and details of attacks; because she failed to discharge the burden on a balance of probabilities to show a serious possibility of persecution or a risk of torture, death, or cruel and unusual treatment, the claim is rejected.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim is rejected