TB0-11156

TB0-11156

The claimants are not Convention refugees nor persons in need of protection because the male claimant's material allegations lacked credibility or were exaggerated, he failed to rebut the presumption of effective state protection on the balance of probabilities with clear and convincing evidence, and a viable internal flight alternative exists in Kazan; the female claimant lacks personal nexus to Convention grounds.

Citation
TB0-11156
Parties
Claimant: XXXX XXXX XX; Claimant: XXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 October 2013
Procedural Posture
Refugee Protection (irpa Ss.96,97) / Decision Following Hearing
Outcome
Claims rejected — claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, Credibility Assessment, Persecution, Nationality, Religion
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee State Protection Internal Flight Alternative Credibility Assessment Persecution +2 more

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Parties

XXXX XXXX XX

Claimant

XXXXXX XXXX

Claimant

Procedural Posture

Refugee Protection (irpa Ss.96,97) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants have a well-founded fear of persecution for Convention grounds
  2. 2 Whether state protection in Russia is adequate and available
  3. 3 Whether an internal flight alternative (Kazan) exists and is reasonable

Ratio Decidendi

The claimants are not Convention refugees nor persons in need of protection because the male claimant's material allegations lacked credibility or were exaggerated, he failed to rebut the presumption of effective state protection on the balance of probabilities with clear and convincing evidence, and a viable internal flight alternative exists in Kazan; the female claimant lacks personal nexus to Convention grounds.

Court Disposition

Claims rejected — claimants are neither Convention refugees nor persons in need of protection.