TB4-08893

TB4-08893

The principal, female and minor claimants' allegations were rejected as not credible due to implausible post‑incident conduct, unexplained delay, lack of corroborative documentation and country evidence showing Kurdistan does not subject Christians of their profile to persecution; the associate claimant was accepted because despite some credibility issues her specific profile and evidence made a well‑founded fear of persecution more likely and state protection or internal flight were not reasonably available to her.

Citation
TB4-08893
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 February 2015
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision
Outcome
Principal, female and minor claimants: claims rejected; Associate claimant: claim accepted as a Convention refugee
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment State Protection Internal Flight Alternative

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision

Legal Issues

  1. 1 Whether principal, female and minor claimants are Convention refugees or persons in need of protection
  2. 2 Whether associate claimant is a Convention refugee
  3. 3 Credibility of claimant testimony and supporting evidence

Ratio Decidendi

The principal, female and minor claimants' allegations were rejected as not credible due to implausible post‑incident conduct, unexplained delay, lack of corroborative documentation and country evidence showing Kurdistan does not subject Christians of their profile to persecution; the associate claimant was accepted because despite some credibility issues her specific profile and evidence made a well‑founded fear of persecution more likely and state protection or internal flight were not reasonably available to her.

Court Disposition

Principal, female and minor claimants: claims rejected; Associate claimant: claim accepted as a Convention refugee

Orders

  • Claims of the principal, female and minor claimants are rejected
  • Claim of the associate claimant is accepted as a Convention refugee