MB1-02140

MB1-02140

The board found the principal claimant not credible due to material inconsistencies, omissions and lack of corroboration (no fiscalia complaint copy, contradictory statements at port of entry, implausible explanations for documentary gaps); on that basis the claimants failed to prove they are Convention refugees or persons in need of protection and the claims are rejected.

Citation
MB1-02140
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Co Claimant (minor): XXXXXXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 October 2012
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division
Outcome
Refugee protection claims rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, State Protection, Extortion, Sexual Violence, Corroboration
Source Language
English
Immigration Refugee Law Gender Based Violence Criminal Law Convention Refugee Person in Need of Protection Credibility Assessment State Protection +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXXXXXX XXXX XXXX XXXX

Co Claimant (minor)

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees or persons in need of protection under IRPA
  2. 2 Credibility of the principal claimant's testimony
  3. 3 Whether there was adequate state protection or collusion by authorities

Ratio Decidendi

The board found the principal claimant not credible due to material inconsistencies, omissions and lack of corroboration (no fiscalia complaint copy, contradictory statements at port of entry, implausible explanations for documentary gaps); on that basis the claimants failed to prove they are Convention refugees or persons in need of protection and the claims are rejected.

Court Disposition

Refugee protection claims rejected

Orders

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