MB0-04407

MB0-04407

The claimant's identity and factual account were found not credible on the balance of probabilities (documents likely forged or improperly obtained, implausible incident and arrival story, lack of corroboration); the objective country evidence (Canadian High Commission and other assessments) was found persuasive and was not rebutted by the claimant; therefore the claimant failed to establish an objectively well‑founded fear and the protection claim is rejected.

Citation
MB0-04407
Parties
Claimant: XXXXXXXXXXXXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 January 2012
Procedural Posture
Refugee Protection Claim / Decision on Merits (refugee Protection Division)
Outcome
Claim rejected
Legal Topics
Particular Social Group, Sexual Orientation, Credibility, Identity, Persecution, Risk of Torture
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Particular Social Group Sexual Orientation Credibility Identity +2 more

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Parties

XXXXXXXXXXXXXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim / Decision on Merits (refugee Protection Division)

Legal Issues

  1. 1 verification of identity and authenticity of identity documents
  2. 2 credibility of claimant's account of events and arrival
  3. 3 whether claimant's subjective fear is objectively well-founded

Ratio Decidendi

The claimant's identity and factual account were found not credible on the balance of probabilities (documents likely forged or improperly obtained, implausible incident and arrival story, lack of corroboration); the objective country evidence (Canadian High Commission and other assessments) was found persuasive and was not rebutted by the claimant; therefore the claimant failed to establish an objectively well‑founded fear and the protection claim is rejected.

Court Disposition

Claim rejected

Orders

  • Claimant is not a Convention refugee and not a person in need of protection; claim dismissed (decision dated January 23, 2012)