VB2-02821

VB2-02821

On a balance of probabilities the panel rejected the claimants' allegations as not credible because key elements were unsupported by independent corroboration, the alleged militant group could not be substantiated in country documents, the PIFs omitted significant events (police inquiries, phone threats, mokhtar consultation) without satisfactory explanation, the claimants failed to demonstrate reasonable efforts to obtain police or local corroboration, and their failure to seek asylum while lawfully present in the United States for several months undermined claimed subjective fear.

Citation
VB2-02821
Parties
Claimant: XXXX XXXX a.k.a. XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX; Intervenor (minister): Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 August 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (determination of Convention Refugee / Person in Need of Protection Status)
Outcome
Claim rejected; claimants are not Convention refugees and not persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Corroboration, Country of Origin Information, Failure to Seek Protection in a Safe Country
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Corroboration Country of Origin Information +1 more

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Parties

XXXX XXXX a.k.a. XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervenor (minister)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (determination of Convention Refugee / Person in Need of Protection Status)

Legal Issues

  1. 1 Whether the claimants were credibly subjected to targeted threats and an attempted shooting in the West Bank
  2. 2 Whether the alleged militant group 'Horsemen of the Night' exists and posed a real risk
  3. 3 Whether omissions in the PIFs and failure to produce corroborative documents undermine credibility

Ratio Decidendi

On a balance of probabilities the panel rejected the claimants' allegations as not credible because key elements were unsupported by independent corroboration, the alleged militant group could not be substantiated in country documents, the PIFs omitted significant events (police inquiries, phone threats, mokhtar consultation) without satisfactory explanation, the claimants failed to demonstrate reasonable efforts to obtain police or local corroboration, and their failure to seek asylum while lawfully present in the United States for several months undermined claimed subjective fear.

Court Disposition

Claim rejected; claimants are not Convention refugees and not persons in need of protection.