MB4-03240

MB4-03240

The panel rejected the claim because the claimant's allegations were not credible and lacked corroboration or a known perpetrator, were undermined by prior visa/PR applications and implausible family conduct, and even if believed did not establish an ongoing or serious possibility of persecution or risk of torture, death or cruel treatment; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
MB4-03240
Parties
Claimant: XXXXX XXXXXX; Designated Representative: XXXX XXXXXX; Counsel for the Minister: Natacha Jankovics
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 November 2014
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee or a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Gender Related Persecution, Minor Claimant
Source Language
English
Immigration Law Refugee Law International Protection Convention Refugee Person in Need of Protection Credibility Assessment Gender Related Persecution Minor Claimant

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Parties

XXXXX XXXXXX

Claimant

XXXX XXXXXX

Designated Representative

Natacha Jankovics

Counsel for the Minister

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Credibility of allegations of sexual assault and persecution

Ratio Decidendi

The panel rejected the claim because the claimant's allegations were not credible and lacked corroboration or a known perpetrator, were undermined by prior visa/PR applications and implausible family conduct, and even if believed did not establish an ongoing or serious possibility of persecution or risk of torture, death or cruel treatment; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee or a person in need of protection