MA9-05305

MA9-05305

The panel rejected the claims because the claimants' testimony was inconsistent, contradicted by their own documentary evidence (including employment records and travel documents), and failed to establish on the balance of probabilities a credible nexus between the alleged events and a Convention ground or a serious possibility of persecution, torture or cruel and unusual treatment on return.

Citation
MA9-05305
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX; Claimant: XXX XXXXXXX; Claimant: X XXXX XXXX X
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 April 2013
Procedural Posture
Refugee Protection Claim / Decision After Hearing
Outcome
Claims for refugee protection rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Convention Refugee, Membership of a Particular Social Group, Credibility Assessment, Risk of Persecution, Torture, Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Membership of a Particular Social Group Credibility Assessment Risk of Persecution Torture +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant

XXX XXXXXXX

Claimant

X XXXX XXXX X

Claimant

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee or person in need of protection
  2. 2 Whether the claimants' testimony and documentary evidence are credible and sufficiently corroborated
  3. 3 Whether there is a nexus between the alleged persecution and a Convention ground

Ratio Decidendi

The panel rejected the claims because the claimants' testimony was inconsistent, contradicted by their own documentary evidence (including employment records and travel documents), and failed to establish on the balance of probabilities a credible nexus between the alleged events and a Convention ground or a serious possibility of persecution, torture or cruel and unusual treatment on return.

Court Disposition

Claims for refugee protection rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • Refugee protection claims dismissed