TA3-20157

TA3-20157

The Tribunal rejected the claims because the applicants' testimony and documentary evidence were inconsistent, implausible or unreliable; incidents found to have occurred were random or common criminal acts lacking nexus to a Convention ground; negative inferences were drawn regarding fabricated or uncorroborated documents; therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA3-20157
Parties
Claimant: XXXX XXXXX XXXX XXXXX; Claimant: XXXX XXXXX XXXX XXXX; Claimant: XXXX XXXX XXXXX XXXXX XXXXX; Claimant: XXXX XXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 February 2006
Procedural Posture
Refugee Protection Claim / Hearing and Decision of Refugee Protection Division
Outcome
Claims rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Nexus, Credibility Assessment, Corroboration, Persecution, Non State Actors
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Particular Social Group Nexus +4 more

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Parties

XXXX XXXXX XXXX XXXXX

Claimant

XXXX XXXXX XXXX XXXX

Claimant

XXXX XXXX XXXXX XXXXX XXXXX

Claimant

XXXX XXXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Hearing and Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee
  2. 2 Whether claimants are persons in need of protection
  3. 3 Whether membership in the family constitutes a particular social group

Ratio Decidendi

The Tribunal rejected the claims because the applicants' testimony and documentary evidence were inconsistent, implausible or unreliable; incidents found to have occurred were random or common criminal acts lacking nexus to a Convention ground; negative inferences were drawn regarding fabricated or uncorroborated documents; therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are not Convention refugees or persons in need of protection