TA7-01729

TA7-01729

Because the claimant omitted any reference to being verbally or physically assaulted by her father in her initial CIC statement without a reasonable explanation and submitted letters that the tribunal found fabricated, the tribunal concluded the claimant's allegations of abuse were not credible and, on the balance of probabilities, she was not a Convention refugee nor a person in need of protection.

Citation
TA7-01729
Parties
Claimant (asylum Claimant): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 March 2010
Procedural Posture
Refugee Protection Claim / Decision (reasons and Decision)
Outcome
Claim rejected; claimant not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Findings, Fraudulent Documents, Omissions, Gender Guidelines
Source Language
English
Refugee Law Immigration Law Domestic Violence Gender Based Persecution Credibility Assessment Convention Refugee Person in Need of Protection Credibility Findings +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant (asylum Claimant)

Procedural Posture

Refugee Protection Claim / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimant faces persecution by her father if returned to St. Vincent
  2. 2 Whether claimant's allegations are credible given omission from initial CIC statement
  3. 3 Whether letters submitted in support are fraudulent and affect credibility

Ratio Decidendi

Because the claimant omitted any reference to being verbally or physically assaulted by her father in her initial CIC statement without a reasonable explanation and submitted letters that the tribunal found fabricated, the tribunal concluded the claimant's allegations of abuse were not credible and, on the balance of probabilities, she was not a Convention refugee nor a person in need of protection.

Court Disposition

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