Canada Immigration Case-law Canada, Alvizuris, IMMIGRATION — Refugee status — Procedure by Joy Stephen, Polinsys

Editorial Caselaws 282 Comments

Judgement for this Case: Click here!

IMMIGRATION — Refugee status — Requirements — Well founded fear of persecution — Credibility — Refugee claimant was citizen of Guatemala who alleged fear and risk to his life at hands of kidnappers who were aware that he witnessed kidnapping — Refugee Protection Division (RPD) noted discrepancies between claimant’s amended Personal Information Form and his oral testimony and when claimant could not provide reasonable explanations for discrepancies board drew negative inference as to credibility — Board concluded claimant lacked credibility and denied claim — Claimant applied for judicial review — Application dismissed — Claimant was asking court to reweigh evidence before RPD — RPD’s reasons were justified, transparent and intelligible — Taken and read as whole, decision fell within range of possible, acceptable outcomes which were defensible in respect of facts and law

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