MB2-02543

MB2-02543

The tribunal accepted the claimant's account of historic sexual abuse but found her later allegations about ongoing risk, concealment in the United States, and renewed threats after long silence not credible; there was no nexus to a protected ground and no persuasive evidence of a real risk of persecution or cruel and unusual treatment on return to Botswana or the United States on the balance of probabilities, therefore the claims under sections 96 and 97(1) fail and protection is denied.

Citation
MB2-02543
Parties
Principal Claimant: XXXX XXXX XXX; Husband: XXXXXXXX XXXX XXXX; Child: XXXXXXXX XXXX; Child: XXXX XXXX XXXX; Claimant's Counsel: Pacifique Siryuyumusi; Panel: Me Edward Aronoff; Designated Representative: XXXX XXXX XXXX; Minister's Counsel: N/A; Tribunal Officer: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 June 2014
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Refugee protection claims denied; claimants are not Convention refugees under s.96 and are not persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Persons in Need of Protection, Credibility Assessment, Risk Assessment, Nexus to Protected Ground, Domestic and Sexual Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Persons in Need of Protection Credibility Assessment Risk Assessment Nexus to Protected Ground +1 more

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Parties

XXXX XXXX XXX

Principal Claimant

XXXXXXXX XXXX XXXX

Husband

XXXXXXXX XXXX

Child

XXXX XXXX XXXX

Child

Pacifique Siryuyumusi

Claimant's Counsel

Me Edward Aronoff

Panel

XXXX XXXX XXXX

Designated Representative

N/A

Minister's Counsel

N/A

Tribunal Officer

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether the claimants are persons in need of protection under section 97(1) of the Act
  3. 3 Whether the claimant's allegations and fear are credible and substantiated

Ratio Decidendi

The tribunal accepted the claimant's account of historic sexual abuse but found her later allegations about ongoing risk, concealment in the United States, and renewed threats after long silence not credible; there was no nexus to a protected ground and no persuasive evidence of a real risk of persecution or cruel and unusual treatment on return to Botswana or the United States on the balance of probabilities, therefore the claims under sections 96 and 97(1) fail and protection is denied.

Court Disposition

Refugee protection claims denied; claimants are not Convention refugees under s.96 and are not persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act

Orders

  • Refugee claims of XXXX XXXX XXX, XXXXXXXX XXXX XXXX, XXXXXXXX XXXX and XXXX XXXX XXXX denied
  • No protection granted under section 96 or section 97(1) of the Immigration and Refugee Protection Act