MA9-10678

MA9-10678

The panel found the principal claimant not credible due to major, central contradictions between her testimony and earlier statements/documents (port of entry form, US immigration filings, passport dates, itinerary recorded at US removal hearing) and implausible explanations for those contradictions; consequently the panel gave no probative value to corroborative documents that were self-serving or inconsistent and concluded on the balance of probabilities that the claimants failed to establish a well-founded fear of persecution or need for protection; the US citizen daughter failed to establish risk in her country of citizenship.

Citation
MA9-10678
Parties
Principal Claimant: XXXX XXXX; Co Claimant: XXXX XXXX; Co Claimant (united States Citizen): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 September 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) / Hearing Before the Refugee Protection Division; Decision Issued
Outcome
Refugee protection claims denied; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Political Opinion, Persecution, Kidnapping, Torture, Failure to Seek Protection, Vulnerable Person, Women Claimants
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Political Opinion Persecution +5 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Co Claimant

XXXX XXXX

Co Claimant (united States Citizen)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) / Hearing Before the Refugee Protection Division; Decision Issued

Legal Issues

  1. 1 Whether claimants meet the definition of Convention refugee or person in need of protection under IRPA
  2. 2 Credibility of the principal claimant regarding return to Albania between 1998 and 2000 and alleged mistreatment
  3. 3 Whether documentary and testimonial evidence corroborates claimed events

Ratio Decidendi

The panel found the principal claimant not credible due to major, central contradictions between her testimony and earlier statements/documents (port of entry form, US immigration filings, passport dates, itinerary recorded at US removal hearing) and implausible explanations for those contradictions; consequently the panel gave no probative value to corroborative documents that were self-serving or inconsistent and concluded on the balance of probabilities that the claimants failed to establish a well-founded fear of persecution or need for protection; the US citizen daughter failed to establish risk in her country of citizenship.

Court Disposition

Refugee protection claims denied; claimants are not Convention refugees and not persons in need of protection

Orders

  • Refugee protection claims of XXXX XXXX, XXXX XXXX and XXXX XXXX are rejected