TB2-08006

The panel rejected the claims because on the balance of probabilities the claimants lacked subjective fear (failure to seek asylum in the United States undermined credibility) and lacked an objective basis for a well-founded fear of persecution (threats, where alleged, were remote and the harms arose from general criminality without proven nexus to a Convention ground).

Citation: TB2-08006
Parties: Principal Claimant: XXXX XXXX; Co Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 21 August 2014
Procedural Posture: Refugee Protection Claim (immigration and Refugee Protection Act Ss.96,97(1)) / Hearing and Decision (reasons for Decision, Refugee Protection Division)
Outcome: All claims rejected; claimants found neither Convention refugees nor persons in need of protection.
Legal Topics: Convention Refugee, Person in Need of Protection, Asylum, Well Founded Fear, Credibility, First Safe Country/asylum Application
Source Language: English

Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Asylum Well Founded Fear Credibility +1 more

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Full judgment text Legal principles 5 Authorities cited 10 Party arguments 2

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Co Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act Ss.96,97(1)) / Hearing and Decision (reasons for Decision, Refugee Protection Division)

Legal Issues

1 Whether claimants are Convention refugees
2 Whether claimants are persons in need of protection
3 Whether claimants have subjective fear of persecution

Ratio Decidendi

Court Disposition

All claims rejected; claimants found neither Convention refugees nor persons in need of protection.