TB2-11153

TB2-11153

The panel concluded on the balance of probabilities that the claimant's testimony was not sufficiently credible and lacked corroboration, and that even if pursued the claimant would be prosecuted for unlawful conduct under a law of general application rather than persecuted for a Convention ground; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TB2-11153
Parties
Claimant / Asylum Seeker: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 June 2019
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97(1)) / Hearing Concluded — Decision Rendered
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility Assessment, Persecution Vs Prosecution, Corroboration, State Security Summons, Land Expropriation Disputes
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Persecution Vs Prosecution Corroboration State Security Summons Land Expropriation Disputes

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Parties

XXXX XXXX

Claimant / Asylum Seeker

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97(1)) / Hearing Concluded — Decision Rendered

Legal Issues

  1. 1 Credibility of claimant's account
  2. 2 Whether treatment alleged amounts to persecution or lawful prosecution
  3. 3 Nexus to a Convention ground

Ratio Decidendi

The panel concluded on the balance of probabilities that the claimant's testimony was not sufficiently credible and lacked corroboration, and that even if pursued the claimant would be prosecuted for unlawful conduct under a law of general application rather than persecuted for a Convention ground; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Claim rejected pursuant to sections 96 and 97(1) of the IRPA