MB2-00569

MB2-00569

The Tribunal found the claimants' narrative fabricated due to material inconsistencies between initial arrival forms, the PIF and hearing testimony, rejected the claimant's documentary corroboration, and concluded on the balance of probabilities there is no real chance of persecution or a risk of cruel or unusual treatment on return; therefore the claimants are not Convention refugees under s.96 nor persons in need of protection under s.97(1).

Citation
MB2-00569
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 November 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)
Outcome
Refugee protection claims dismissed; claimants are not Convention refugees under s.96 nor persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Persecution, Religion (alevi), Ethnicity (kurdish), Imputed Political Opinion
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Persecution Religion (alevi) +2 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under s.96 of the IRPA
  2. 2 Whether the claimants are persons in need of protection under s.97(1) of the IRPA
  3. 3 Whether the claimant's testimony and documentary evidence are credible and consistent

Ratio Decidendi

The Tribunal found the claimants' narrative fabricated due to material inconsistencies between initial arrival forms, the PIF and hearing testimony, rejected the claimant's documentary corroboration, and concluded on the balance of probabilities there is no real chance of persecution or a risk of cruel or unusual treatment on return; therefore the claimants are not Convention refugees under s.96 nor persons in need of protection under s.97(1).

Court Disposition

Refugee protection claims dismissed; claimants are not Convention refugees under s.96 nor persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act

Orders

  • Refugee protection claims denied; no protection granted