MA8-01656

MA8-01656

The claim was denied because the tribunal found the principal claimant not credible on core elements due to internal inconsistencies, implausible explanations and lack of independent corroborating documentation; absent credible evidence of a nexus to a Convention ground or a real risk of torture or cruel treatment, the claimants fail to meet the legal threshold for Convention refugee status or need for protection.

Citation
MA8-01656
Parties
Claimant: XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 February 2010
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing and Final Decision
Outcome
Claim dismissed; principal and minor are not Convention refugees and are not persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Gender Based Persecution, Sexual Assault, Production of Documents
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Gender Based Persecution Sexual Assault +1 more

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing and Final Decision

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether claimants are persons in need of protection (risk of torture/cruel or unusual punishment)
  3. 3 Credibility and corroboration of claimant's evidence

Ratio Decidendi

The claim was denied because the tribunal found the principal claimant not credible on core elements due to internal inconsistencies, implausible explanations and lack of independent corroborating documentation; absent credible evidence of a nexus to a Convention ground or a real risk of torture or cruel treatment, the claimants fail to meet the legal threshold for Convention refugee status or need for protection.

Court Disposition

Claim dismissed; principal and minor are not Convention refugees and are not persons in need of protection.

Orders

  • Claim for asylum denied for principal claimant XXXXX XXXXX
  • Claim for asylum denied for minor claimant XXXXX XXXXX XXXXX