VA5-00986

VA5-00986

The panel found significant credibility defects and omissions (including a concealed US criminal offence), no established nexus between the alleged gang harassment and a Convention ground, and an available internal flight alternative for the associated claimant; therefore neither claimant met the burden to prove they are Convention refugees or persons in need of protection.

Citation
VA5-00986
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Associated Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 December 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (determination)
Outcome
Both claims rejected; neither claimant is found to be a Convention refugee or a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Gender Based Persecution, Internal Flight Alternative, Credibility, Nexus to a Convention Ground, Sojourning/reavailing, Criminality as Adverse Factor
Source Language
English
Immigration and Refugee Law Administrative Law Criminal Law Convention Refugee Person in Need of Protection Particular Social Group Gender Based Persecution Internal Flight Alternative +4 more

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Associated Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (determination)

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether claimants are persons in need of protection
  3. 3 Credibility and consistency of claimants' testimony

Ratio Decidendi

The panel found significant credibility defects and omissions (including a concealed US criminal offence), no established nexus between the alleged gang harassment and a Convention ground, and an available internal flight alternative for the associated claimant; therefore neither claimant met the burden to prove they are Convention refugees or persons in need of protection.

Court Disposition

Both claims rejected; neither claimant is found to be a Convention refugee or a person in need of protection.

Orders

  • Refugee protection claims of both claimants are dismissed; no protection granted