MA9-12438

MA9-12438

The Tribunal found the claimants' accounts were not credible or plausible, identified material inconsistencies and probable fabrication of documents, and concluded on a balance of probabilities that there is no reasonable chance or serious possibility of persecution or cruel and unusual treatment on return; therefore the claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97(1).

Citation
MA9-12438
Parties
Principal Claimant: XXXXXXXXXXX; Wife: XXXXXXXXXX; Minor Daughter: XXXXXXXXX; Designated Representative: XXXXXXXXX; Claimant's Counsel: Me Dan M. Bohbot; Panel: Me Edward Aronoff; Tribunal Officer: Linda Parker; Minister's Counsel: S/O
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 November 2011
Procedural Posture
Refugee Protection Claim / Hearing and Decision Refugee Protection Division
Outcome
Claims dismissed; refugee protection denied
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Honour Based Violence, Credibility Assessment, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Convention Refugee Person in Need of Protection Particular Social Group Honour Based Violence Credibility Assessment State Protection +1 more

Case Brief

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Parties

XXXXXXXXXXX

Principal Claimant

XXXXXXXXXX

Wife

XXXXXXXXX

Minor Daughter

XXXXXXXXX

Designated Representative

Me Dan M. Bohbot

Claimant's Counsel

Me Edward Aronoff

Panel

Linda Parker

Tribunal Officer

S/O

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Hearing and Decision Refugee Protection Division

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether claimants are persons in need of protection under section 97(1) of the Immigration and Refugee Protection Act
  3. 3 Whether the claimants' evidence is credible and plausible

Ratio Decidendi

The Tribunal found the claimants' accounts were not credible or plausible, identified material inconsistencies and probable fabrication of documents, and concluded on a balance of probabilities that there is no reasonable chance or serious possibility of persecution or cruel and unusual treatment on return; therefore the claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97(1).

Court Disposition

Claims dismissed; refugee protection denied

Orders

  • Claimants are not Convention refugees under section 96 and are not persons in need of protection under section 97(1) of the Immigration and Refugee Protection Act; claims dismissed