MA7-01866

MA7-01866

The panel rejected the claim because the claimant's testimony was found not credible or trustworthy due to vagueness, omissions and inconsistencies; even if past events occurred, the claimant failed to establish a current, well-founded fear of persecution or serious harm given changed political circumstances in Haiti and lack of evidence that she would be targeted today; the minor raised no fear of return to the USA.

Citation
MA7-01866
Parties
Principal Claimant: XXXXX XXXXX; Minor Claimant (joined Claim): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 April 2009
Procedural Posture
Refugee Protection Convention Refugee and Person in Need of Protection Claim / Decision Following Hearing
Outcome
Claim denied; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, Particular Social Group, Credibility, Risk of Torture, Gender Guidelines
Source Language
English
Immigration Refugee Law Human Rights Law Convention Refugee Person in Need of Protection Political Opinion Particular Social Group Credibility +2 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Minor Claimant (joined Claim)

Procedural Posture

Refugee Protection Convention Refugee and Person in Need of Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Credibility and reliability of claimant's evidence

Ratio Decidendi

The panel rejected the claim because the claimant's testimony was found not credible or trustworthy due to vagueness, omissions and inconsistencies; even if past events occurred, the claimant failed to establish a current, well-founded fear of persecution or serious harm given changed political circumstances in Haiti and lack of evidence that she would be targeted today; the minor raised no fear of return to the USA.

Court Disposition

Claim denied; claimants are not Convention refugees and not persons in need of protection