VA6-02185

VA6-02185

The claims are rejected because the claimants failed to establish identity and nationality with acceptable documentation or reasonable explanations/steps to obtain them, failed to provide independent corroboration for central allegations of past persecution, and the credibility deficiencies and implausibilities lead to the conclusion on the balance of probabilities that the alleged mistreatment did not occur and there is no serious possibility of persecution or substantial personal risk on return.

Citation
VA6-02185
Parties
Claimant: XXXXX XXXXX XXXXX (male claimant); Claimant: XXXXX XXXXX XXXXX (female claimant); Claimant: XXXXX XXXXX XXXXX (minor claimant)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 September 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (refusal)
Outcome
Claims rejected; not Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee, Particular Social Group, Political Opinion, Credibility and Corroboration, Identity Documents, Torture and Cruel Treatment, Risk Assessment on Removal
Source Language
English
Refugee Law Immigration Law Human Rights Law Convention Refugee Particular Social Group Political Opinion Credibility and Corroboration Identity Documents +2 more

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Parties

XXXXX XXXXX XXXXX (male claimant)

Claimant

XXXXX XXXXX XXXXX (female claimant)

Claimant

XXXXX XXXXX XXXXX (minor claimant)

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (refusal)

Legal Issues

  1. 1 Whether claimants are Convention refugees or persons in need of protection
  2. 2 Whether claimants established identity and nationality
  3. 3 Whether claimants provided credible and corroborated evidence of past persecution

Ratio Decidendi

The claims are rejected because the claimants failed to establish identity and nationality with acceptable documentation or reasonable explanations/steps to obtain them, failed to provide independent corroboration for central allegations of past persecution, and the credibility deficiencies and implausibilities lead to the conclusion on the balance of probabilities that the alleged mistreatment did not occur and there is no serious possibility of persecution or substantial personal risk on return.

Court Disposition

Claims rejected; not Convention refugees and not persons in need of protection