Canada Immigration Case-law Canada Sonmez, IMMIGRATION — Refugee status — Requirements by Joy Stephen, Polinsys

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Judgement for this Case: Click here!

IMMIGRATION — Refugee status — Requirements — Credibility — Refugee claimant was Kurdish Alevi citizen of Turkey who alleged fear of persecution as Kurdish Alevi and leftist who had publicly supported pro-Kurdish parties — Claimant alleged that he had been discriminated against, detained and tortured for these reasons on number of occasions — RPD found that claimant demonstrated very low level of political activity, that he was not generally aware of issues facing Alevi, and that discrimination against Alevi was not widespread — Refugee Protection Division noted inconsistencies and contradictions claimant’s testimony and concluded that claimant’s testimony was vague, evasive, and uncorroborated, and thus lacked credibility — RPD rejected claim — Claimant applied for judicial review — Application dismissed — RPD reasonably found that claimant lacked credibility and court should defer to that determination — It was reasonable for RPD to require some evidence to corroborate claims and to look for documents from prosecutor’s office in Turkey, especially since such documents, according to claimant’s testimony, might have assisted his claim — RPD’s finding that claimant did not have well founded fear of persecution was reasonably open to it in view of claimant’s overall lack of credibility and failure to provide credible documentation to support allegations central to his claim — It was reasonable for RPD to determine that claimant did not have subjective fear of persecution — It was also reasonable for RPD, based upon its detailed review and analysis of conditions affecting Kurdish Alevi in Turkey, to determine that there was no objective foundation to find personal risk to claimant’s life

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