TA6-12127

TA6-12127

The panel rejected the claim because the claimant's core allegations were not credible or corroborated (medical note judged unreliable, implausible behaviour and inconsistencies), and on that basis the claimant failed to demonstrate a well-founded fear of persecution or a real risk of torture or cruel and unusual treatment on return to Afghanistan; therefore she is not a Convention refugee nor in need of protection.

Citation
TA6-12127
Parties
Principal Claimant: XXXXX XXXXX; Minor Claimant (daughter): XXXXX XXXXX; Minor Claimant (son): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 November 2007
Procedural Posture
Refugee Protection Claim / Final Decision After Hearing
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection
Legal Topics
Convention Refugee, Credibility Assessment, Particular Social Group, State Protection, Gender Based Persecution, Children
Source Language
English
Immigration Refugee Law International Protection Human Rights Convention Refugee Credibility Assessment Particular Social Group State Protection +2 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Minor Claimant (daughter)

XXXXX XXXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim / Final Decision After Hearing

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Whether claimant meets definition of Convention refugee
  3. 3 Availability and effectiveness of state protection in Afghanistan

Ratio Decidendi

The panel rejected the claim because the claimant's core allegations were not credible or corroborated (medical note judged unreliable, implausible behaviour and inconsistencies), and on that basis the claimant failed to demonstrate a well-founded fear of persecution or a real risk of torture or cruel and unusual treatment on return to Afghanistan; therefore she is not a Convention refugee nor in need of protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee and is not a person in need of protection