TA4-12739

TA4-12739

The panel found the claimant's testimony and supporting documents not credible on a balance of probabilities due to implausibilities, inconsistencies and unexplained delay in claiming in the United States; those credibility findings rebutted the presumption of truthfulness and, absent reliable objective evidence, there was no reasonable chance of persecution, torture, risk to life or cruel and unusual treatment on return to Turkey, so the claim must be rejected.

Citation
TA4-12739
Parties
Claimant: XXXXX XXXXX; Presiding Member: C. Lloyd; Refugee Protection Officer: S. Indrasigamany
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 August 2006
Procedural Posture
Refugee Protection Claim (immigration and Refugee Board, Refugee Protection Division) / Hearing and Determination
Outcome
Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Religion (alevi), Political Opinion, Membership of a Particular Social Group, Credibility, Delay in Claiming, Sojourning/transit Country, Deportation Order, Risk of Torture, Risk to Life, Cruel and Unusual Treatment
Source Language
English
Refugee Law Immigration Law Human Rights Administrative Law Religion (alevi) Political Opinion Membership of a Particular Social Group Credibility +6 more

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Parties

XXXXX XXXXX

Claimant

C. Lloyd

Presiding Member

S. Indrasigamany

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim (immigration and Refugee Board, Refugee Protection Division) / Hearing and Determination

Legal Issues

  1. 1 Credibility of claimant's testimony
  2. 2 Subjective component of well-founded fear
  3. 3 Delay/failure to claim in transit country (United States)

Ratio Decidendi

The panel found the claimant's testimony and supporting documents not credible on a balance of probabilities due to implausibilities, inconsistencies and unexplained delay in claiming in the United States; those credibility findings rebutted the presumption of truthfulness and, absent reliable objective evidence, there was no reasonable chance of persecution, torture, risk to life or cruel and unusual treatment on return to Turkey, so the claim must be rejected.

Court Disposition

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

Orders

  • Claim rejected; refugee protection denied