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

Editorial Caselaws 694 Comments

IMMIGRATION — Refugee status — Procedure

Judgement for this Case: Click here!

Refugee Protection Division (“RPD”) denied applicant refugee protection — RPD noted problems with applicant’s story and absence of corroborating evidence that he was being sought by authorities in country of origin — RPD did not believe applicant was wanted by government security forces and did not believe evidence of his subjective or objective fear — Applicant sought judicial review asserting RPD engaged in flawed credibility assessment — Application dismissed — Decision was reasonable — It was within RPD’s jurisdiction to give varying weight to relevant evidentiary element in reasonable objective manner — RPD conducted independent analysis of credibility and assessed objective and subjective elements of claim — RPD did not inappropriately conflate credibility concerns in respect of past incidents of alleged persecution with credibility of sur place basis of claim — There was no inadequacy in reasons

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