TB1-05065

TB1-05065

The panel rejected the claims because the claimants' testimony and supporting evidence were not credible or sufficiently corroborated and they failed to rebut the presumption of adequate state protection in the Bahamas; additionally the adult co-claimant is recognized by the Bahamas as possessing nationality rights and is therefore excluded under Article 1E of the Refugee Convention, removing entitlement to protection under sections 96 and 97 of IRPA.

Citation
TB1-05065
Parties
Claimant: XXXX XXXX; Adult Co Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 April 2013
Procedural Posture
Refugee Protection Claim / Merits Decision
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection; adult co-claimant excluded under Article 1E of the Refugee Convention
Legal Topics
Convention Refugee, Person in Need of Protection, Article 1 E Exclusion, State Protection, Gender Related Persecution, Credibility
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Article 1 E Exclusion State Protection Gender Related Persecution +1 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX XXXX

Adult Co Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Merits Decision

Legal Issues

  1. 1 Whether the adult co-claimant is excluded under Article 1E of the Refugee Convention
  2. 2 Whether the claimants are Convention refugees
  3. 3 Whether the claimants are persons in need of protection

Ratio Decidendi

The panel rejected the claims because the claimants' testimony and supporting evidence were not credible or sufficiently corroborated and they failed to rebut the presumption of adequate state protection in the Bahamas; additionally the adult co-claimant is recognized by the Bahamas as possessing nationality rights and is therefore excluded under Article 1E of the Refugee Convention, removing entitlement to protection under sections 96 and 97 of IRPA.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection; adult co-claimant excluded under Article 1E of the Refugee Convention

Orders

  • Claim dismissed
  • Decision dated April 15, 2013