TA8-02360

TA8-02360

The panel found the claimants' fear arose from a personal vendetta and ordinary crime rather than a Convention ground, and material inconsistencies and lack of credible corroboration rendered the principal claimant not credible; therefore the claims fail under the Convention refugee definition (s.96 IRPA) and s.97 IRPA and there is no credible basis under s.107(2) IRPA, warranting rejection of the claims.

Citation
TA8-02360
Parties
Claimant Asylum Claimant: XXX XXXXXX; Claimant Asylum Claimant: XXXX XXXX XXXXX; Claimant Asylum Claimant: XXXXXX XXXXX; Claimant Asylum Claimant: XXXXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 March 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision by Refugee Protection Division
Outcome
Claims rejected; claimants are not Convention refugees and not persons in need of protection; no credible basis for claims under subsection 107(2) IRPA
Legal Topics
Convention Refugee, Particular Social Group, Nexus to Convention Ground, Credibility and Corroboration, Delay in Making Claim, Vendetta/personal Retribution, Gender Related Persecution, No Credible Basis (s.107(2) Irpa)
Source Language
English
Immigration and Refugee Law Administrative Law Criminal Law Human Rights Law Convention Refugee Particular Social Group Nexus to Convention Ground Credibility and Corroboration +4 more

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Parties

XXX XXXXXX

Claimant Asylum Claimant

XXXX XXXX XXXXX

Claimant Asylum Claimant

XXXXXX XXXXX

Claimant Asylum Claimant

XXXXXXX XXXXX

Claimant Asylum Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether family members constitute a particular social group
  3. 3 Whether the harm feared is connected to a Convention ground (nexus)

Ratio Decidendi

The panel found the claimants' fear arose from a personal vendetta and ordinary crime rather than a Convention ground, and material inconsistencies and lack of credible corroboration rendered the principal claimant not credible; therefore the claims fail under the Convention refugee definition (s.96 IRPA) and s.97 IRPA and there is no credible basis under s.107(2) IRPA, warranting rejection of the claims.

Court Disposition

Claims rejected; claimants are not Convention refugees and not persons in need of protection; no credible basis for claims under subsection 107(2) IRPA

Orders

  • Refugee protection claims rejected
  • No credible basis found for the claims under subsection 107(2) of the Immigration and Refugee Protection Act