TB1-05035

TB1-05035

The claim is rejected because the claimant failed to establish credible, individualized risk on a Convention ground (section 96) and failed to prove on the balance of probabilities a substantial danger of torture or cruel and unusual treatment (section 97(1)); negative credibility findings based on omissions in PIFs, late amendments and lack of corroboration were decisive, and generalized country conditions do not establish a refugee sur place claim or s.97 risk for this claimant.

Citation
TB1-05035
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 May 2012
Procedural Posture
Refugee Protection Refugee Sur Place / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection
Legal Topics
Refugee Sur Place, Well Founded Fear, Credibility and Corroboration, Persecution, Non Refoulement, Torture Risk (s.97)
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Sur Place Well Founded Fear Credibility and Corroboration Persecution Non Refoulement +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Refugee Sur Place / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97(1) of the IRPA (risk of torture or cruel and unusual treatment)
  3. 3 Whether the claimant's evidence is credible and sufficiently corroborated

Ratio Decidendi

The claim is rejected because the claimant failed to establish credible, individualized risk on a Convention ground (section 96) and failed to prove on the balance of probabilities a substantial danger of torture or cruel and unusual treatment (section 97(1)); negative credibility findings based on omissions in PIFs, late amendments and lack of corroboration were decisive, and generalized country conditions do not establish a refugee sur place claim or s.97 risk for this claimant.

Court Disposition

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

Orders

  • Claim rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act