TB3-00371

TB3-00371

The panel dismissed the claims because, on a balance of probabilities, the claimants' evidence was not credible or trustworthy; material contradictions and implausibilities (including a suspicious medical note, unexplained registration of births while allegedly hiding, voluntary return to the area of risk and lack of corroboration) justified negative inferences and precluded a finding of a well‑founded fear of persecution or a personal risk of torture or cruel treatment.

Citation
TB3-00371
Parties
Principal Claimant: XXXX XXXX XXXX; Minor Claimant (male): XXXX XXXX XXXX; Minor Claimant (female): XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 June 2013
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision (refugee Protection Division)
Outcome
Claims dismissed — claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Gender Based Persecution, Female Genital Mutilation / Circumcision
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Gender Based Persecution Female Genital Mutilation / Circumcision

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant (male)

XXXX XXXX XXXX

Minor Claimant (female)

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees with a well‑founded fear of persecution
  2. 2 Whether claimants are persons in need of protection (risk to life, cruel and unusual treatment, or torture)
  3. 3 Credibility and corroboration of claimant evidence

Ratio Decidendi

The panel dismissed the claims because, on a balance of probabilities, the claimants' evidence was not credible or trustworthy; material contradictions and implausibilities (including a suspicious medical note, unexplained registration of births while allegedly hiding, voluntary return to the area of risk and lack of corroboration) justified negative inferences and precluded a finding of a well‑founded fear of persecution or a personal risk of torture or cruel treatment.

Court Disposition

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

Orders

  • Claims dismissed: claimants are neither Convention refugees nor persons in need of protection