TB3-03512

TB3-03512

The claims were rejected because the Panel found the claimants' testimony and documentary evidence insufficiently credible or corroborated (including post‑hoc embellishment and a fraudulent police record) and the country information, while confirming discrimination against Alevis and Kurds, did not establish persecution of the severity required to constitute a well‑founded fear or meet the balance of probabilities for protection; therefore claimants are neither Convention refugees nor persons in need of protection.

Citation
TB3-03512
Parties
Claimant: XXXX XXXX XXX; Claimant: XXXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 August 2013
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Final Decision Following Hearing
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Objective Fear, Persecution, Corroboration, Discrimination (alevi, Kurdish)
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Credibility Objective Fear +3 more

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Parties

XXXX XXXX XXX

Claimant

XXXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Final Decision Following Hearing

Legal Issues

  1. 1 Credibility of claimants and documentary evidence
  2. 2 Whether discrimination against Alevis/Kurds amounts to persecution
  3. 3 Objective risk of persecution or serious harm

Ratio Decidendi

The claims were rejected because the Panel found the claimants' testimony and documentary evidence insufficiently credible or corroborated (including post‑hoc embellishment and a fraudulent police record) and the country information, while confirming discrimination against Alevis and Kurds, did not establish persecution of the severity required to constitute a well‑founded fear or meet the balance of probabilities for protection; therefore claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

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

Orders

  • Claims rejected
  • No protection granted