TB0-00148

TB0-00148

The tribunal rejected the claim because the claimant was found not credible on the balance of probabilities due to implausibilities, inconsistencies and omissions in his account and lack of verifiable corroboration; consequently the claimant failed to establish a serious possibility of persecution or other serious harm and the claim was dismissed under sections 96 and 97 of the Immigration and Refugee Protection Act.

Citation
TB0-00148
Parties
Claimant: XXXXX XXXX XXXXXX XXXXXX; Respondent: Minister (respondent); Tribunal: Cliff Berry
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 February 2011
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim rejected
Legal Topics
Extortion, Threats, Credibility Assessment, Police Reporting, Administrative Process (ombudsman/prosecutor)
Source Language
English
Immigration Refugee Protection Criminal Law Extortion Threats Credibility Assessment Police Reporting Administrative Process (ombudsman/prosecutor)

Case Brief

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Parties

XXXXX XXXX XXXXXX XXXXXX

Claimant

Minister (respondent)

Respondent

Cliff Berry

Tribunal

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether the claimant's account of extortionate calls and threats by the AUC is credible
  2. 2 Whether the claimant established a serious possibility of persecution or other serious harm on return to Colombia
  3. 3 Whether documentary evidence and corroboration support the claimant's account

Ratio Decidendi

The tribunal rejected the claim because the claimant was found not credible on the balance of probabilities due to implausibilities, inconsistencies and omissions in his account and lack of verifiable corroboration; consequently the claimant failed to establish a serious possibility of persecution or other serious harm and the claim was dismissed under sections 96 and 97 of the Immigration and Refugee Protection Act.

Court Disposition

Claim rejected

Orders

  • Refugee claim rejected pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27)
  • No further findings made on other issues due to adverse credibility determination