TA8-20563

TA8-20563

The panel rejected the claims because on a balance of probabilities the claimants' evidence was internally inconsistent, contained material omissions (including at point of entry), and lacked credible corroboration; the alleged perpetrators were not established as agents of persecution and state protection in Kosovo (including EULEX oversight) was not rebutted, so the objective and subjective components of a well-founded fear were not established and the claimants are not Convention refugees nor at risk of torture or cruel and unusual treatment.

Citation
TA8-20563
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 December 2010
Procedural Posture
Refugee Protection Claim / Hearing and Determination (reasons and Decision)
Outcome
Claims rejected: claimants are not Convention refugees, not persons in danger of torture, and not at risk to life or cruel and unusual treatment or punishment
Legal Topics
Convention Refugee, Risk of Torture, State Protection, Credibility, Internal Flight Alternative, Particular Social Group, Persecution, Omissions, Port of Entry
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Risk of Torture State Protection Credibility +5 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Hearing and Determination (reasons and Decision)

Legal Issues

  1. 1 Credibility of testimony
  2. 2 Subjective component of well-founded fear
  3. 3 Objective component of well-founded fear

Ratio Decidendi

The panel rejected the claims because on a balance of probabilities the claimants' evidence was internally inconsistent, contained material omissions (including at point of entry), and lacked credible corroboration; the alleged perpetrators were not established as agents of persecution and state protection in Kosovo (including EULEX oversight) was not rebutted, so the objective and subjective components of a well-founded fear were not established and the claimants are not Convention refugees nor at risk of torture or cruel and unusual treatment.

Court Disposition

Claims rejected: claimants are not Convention refugees, not persons in danger of torture, and not at risk to life or cruel and unusual treatment or punishment

Orders

  • Claims rejected