MB0-00981

MB0-00981

The panel rejected the claims because the claimants' testimony contained material inconsistencies and lacked corroboration, the elder's conversion to Christianity was not found genuine or practiced so as to attract persecution, their limited political activity in Canada (one demonstration) was insufficient to expose them or their relatives to targeted reprisals, and documentary evidence indicates the Iranian authorities would be unlikely to target them or be informed of failed refugee claims; on that basis they are not Convention refugees nor persons in need of protection.

Citation
MB0-00981
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 October 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision at Refugee Protection Division (rpd Decision)
Outcome
Refugee claims rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Refugee Sur Place, Credibility, Religious Persecution, Political Opinion, Arbitrary Arrest and Detention, Family Targeting, Removal Process
Source Language
English
Refugee Law Immigration Human Rights Administrative Law Convention Refugee Person in Need of Protection Refugee Sur Place Credibility +5 more

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Parties

XXXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision at Refugee Protection Division (rpd Decision)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97(1) IRPA
  3. 3 Whether elder claimant has genuinely converted to Christianity and faces religious persecution

Ratio Decidendi

The panel rejected the claims because the claimants' testimony contained material inconsistencies and lacked corroboration, the elder's conversion to Christianity was not found genuine or practiced so as to attract persecution, their limited political activity in Canada (one demonstration) was insufficient to expose them or their relatives to targeted reprisals, and documentary evidence indicates the Iranian authorities would be unlikely to target them or be informed of failed refugee claims; on that basis they are not Convention refugees nor persons in need of protection.

Court Disposition

Refugee claims rejected

Orders

  • The refugee protection claims of XXXXXXXXXXXXXXXXXXXXXXX and XXXXXXXXXXXXXXXX are rejected.