TA4-09200

TA4-09200

Although the claimant was found to have been raped in 1992, the panel determined the rape was a random criminal act rather than targeted persecution by the FARC, significant credibility issues and documentary defects undermine the claim, and there is insufficient evidence of a present risk of persecution, torture, or cruel and unusual treatment; therefore the claimants are not Convention refugees and are not persons in need of protection under the IRPA.

Citation
TA4-09200
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant Minor: XXXXX XXXXX XXXXX XXXXX; Refugee Protection Officer: L. Sokoloff; Respondent Counsel: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 June 2005
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claims rejected; claimants are not Convention refugees and not persons in need of protection under IRPA s.97(1)
Legal Topics
Convention Refugee, Particular Social Group, Gender Based Persecution, Credibility and Evidence, Risk of Torture, Risk to Life or Cruel and Unusual Treatment, Documentation Authenticity
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Particular Social Group Gender Based Persecution Credibility and Evidence Risk of Torture +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant Minor

L. Sokoloff

Refugee Protection Officer

Minister's Counsel

Respondent Counsel

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether the claimant belongs to a particular social group as a woman victim of sexual violence
  3. 3 Whether the claimant's testimony and supporting documents are credible

Ratio Decidendi

Although the claimant was found to have been raped in 1992, the panel determined the rape was a random criminal act rather than targeted persecution by the FARC, significant credibility issues and documentary defects undermine the claim, and there is insufficient evidence of a present risk of persecution, torture, or cruel and unusual treatment; therefore the claimants are not Convention refugees and are not persons in need of protection under the IRPA.

Court Disposition

Claims rejected; claimants are not Convention refugees and not persons in need of protection under IRPA s.97(1)

Orders

  • Refugee protection claims dismissed; no protection granted