MA5-04879

MA5-04879

Claim rejected because the panel disbelieved the claimants' account due to significant inconsistencies, absence of essential original documents with implausible explanations, suspicious documentary anomalies, and unexplained delay and conduct; on that basis the claimants failed to establish they are Convention refugees or persons in need of protection under IRPA ss.96 and 97.

Citation
MA5-04879
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX; Refugee Protection Officer: Michel Byczak; Adjudicator: Me Sylvie Lévesque; Designated Representative: XXXXX XXXXX XXXXX XXXXX; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 February 2007
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Refugee protection claim rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Documentary Evidence, Delay in Departure, Fraud Allegations
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Person in Need of Protection Credibility Assessment Documentary Evidence Delay in Departure +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

Michel Byczak

Refugee Protection Officer

Me Sylvie Lévesque

Adjudicator

XXXXX XXXXX XXXXX XXXXX

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee under IRPA s.96
  2. 2 Whether claimants are persons in need of protection under IRPA s.97
  3. 3 Credibility of principal claimant and supporting family testimony

Ratio Decidendi

Claim rejected because the panel disbelieved the claimants' account due to significant inconsistencies, absence of essential original documents with implausible explanations, suspicious documentary anomalies, and unexplained delay and conduct; on that basis the claimants failed to establish they are Convention refugees or persons in need of protection under IRPA ss.96 and 97.

Court Disposition

Refugee protection claim rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee protection claim refused by the Refugee Protection Division (decision dated February 1, 2007)