VB0-02062

VB0-02062

The presumption of credibility was rebutted by multiple factors—implausibilities, inconsistent testimony, unexplained delay, change in the basis of the claim, and insufficiently reliable documentary evidence—such that the Tribunal could not find a well‑founded fear of persecution under s.96 or a personal risk under s.97(1), and therefore rejected the claim.

Citation
VB0-02062
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXX; Respondent: Minister (Respondent); Decision Maker (refugee Protection Division): Ron Yamauchi
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 March 2012
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Final Decision Following Hearing
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Victim of Criminality, Employment Related Persecution, Threats and Extortion, Delay in Making Claim, Credibility and Consistency, Evidence Reliability, Convention Refugee Determination, Risk of Torture or Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Victim of Criminality Employment Related Persecution Threats and Extortion Delay in Making Claim Credibility and Consistency +3 more

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Parties

XXXXXXXXXXXXXXXXXXXXX

Claimant

Minister (Respondent)

Respondent

Ron Yamauchi

Decision Maker (refugee Protection Division)

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Final Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether claimant is a person in need of protection under s.97(1) of the Act
  3. 3 Credibility and reliability of the claimant's testimony and documentary evidence

Ratio Decidendi

The presumption of credibility was rebutted by multiple factors—implausibilities, inconsistent testimony, unexplained delay, change in the basis of the claim, and insufficiently reliable documentary evidence—such that the Tribunal could not find a well‑founded fear of persecution under s.96 or a personal risk under s.97(1), and therefore rejected the claim.

Court Disposition

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