TB1-14466

TB1-14466

The panel rejected the claimants' assertions as not credible and insufficiently corroborated, found the conduct was an unlawful demonstration prosecuted under a law of general application rather than persecution on a Convention ground, and concluded that any sanction likely would not meet the threshold for protection under ss.96 or 97(1) IRPA; accordingly the claims were dismissed.

Citation
TB1-14466
Parties
Principal Claimant: XXXX XXXX; Husband Co Claimant: XXXX XXXX; Son Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 May 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Decision (final Disposition)
Outcome
Refugee claims rejected; claimants are not Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Political Opinion (imputed), Prosecution Under Law of General Application, Exit Controls and Surveillance
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Credibility Assessment Political Opinion (imputed) +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Husband Co Claimant

XXXX XXXX

Son Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Decision (final Disposition)

Legal Issues

  1. 1 Whether the claimants are Convention refugees or persons in need of protection under ss.96 and 97(1) IRPA
  2. 2 Whether prosecution for organizing an unlawful demonstration constitutes persecution on a Convention ground (imputed political opinion)
  3. 3 Credibility and corroboration of claimant's testimony about arrests, detentions and police pursuit

Ratio Decidendi

The panel rejected the claimants' assertions as not credible and insufficiently corroborated, found the conduct was an unlawful demonstration prosecuted under a law of general application rather than persecution on a Convention ground, and concluded that any sanction likely would not meet the threshold for protection under ss.96 or 97(1) IRPA; accordingly the claims were dismissed.

Court Disposition

Refugee claims rejected; claimants are not Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA.

Orders

  • Claims dismissed by Refugee Protection Division