TB2-03580

TB2-03580

The claim is dismissed because the claimant failed to establish his identity and nationality by producing primary identification or taking reasonable steps to obtain it, and his failure to seek asylum in the United States undermined his subjective fear; therefore he did not prove a serious possibility of persecution or personal risk on return to Nigeria.

Citation
TB2-03580
Parties
Claimant: XXXX XXXX XXXX (aka XXXX XXXX XXXX); Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 April 2013
Procedural Posture
Refugee Protection Claim (rpd) / Hearing and Decision
Outcome
Claim rejected; claimant found not a Convention refugee and not a person in need of protection
Legal Topics
Identity, Credibility, Subjective Fear, Asylum in Safe Third Country, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Identity Credibility Subjective Fear Asylum in Safe Third Country Burden of Proof

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Parties

XXXX XXXX XXXX (aka XXXX XXXX XXXX)

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim (rpd) / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant established identity and nationality
  2. 2 Whether claimant satisfied burden to provide primary identity documents and reasonable steps to obtain them
  3. 3 Whether claimant was credible regarding past events and fear of persecution

Ratio Decidendi

The claim is dismissed because the claimant failed to establish his identity and nationality by producing primary identification or taking reasonable steps to obtain it, and his failure to seek asylum in the United States undermined his subjective fear; therefore he did not prove a serious possibility of persecution or personal risk on return to Nigeria.

Court Disposition

Claim rejected; claimant found not a Convention refugee and not a person in need of protection

Orders

  • Claim dismissed
  • No protection granted