TB5-13187

TB5-13187

The claimants’ testimony and documentary evidence were materially inconsistent and not credible, key corroborative documents were found not genuine or unreliable, and the associated claimant was an unreliable witness; therefore the claimants failed to establish a serious possibility of persecution under s.96 IRPA or, on the balance of probabilities, risk of torture or other harms under s.97(1), and their claims are rejected.

Citation
TB5-13187
Parties
Principal Claimant: XXXX XXXX XXXX; Associated Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 September 2017
Procedural Posture
Refugee Protection Claim (irpa) / Decision (reasons and Decision)
Outcome
Claims rejected; claimants are not Convention refugees or persons in need of protection.
Legal Topics
Convention Refugee, Risk Assessment, Credibility, Forced Recruitment, Torture, Corroboration of Evidence
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Risk Assessment Credibility Forced Recruitment Torture +1 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associated Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimants established a serious possibility of persecution on a Convention ground
  2. 2 Whether claimants proved on a balance of probabilities they would face torture, risk to life, or cruel and unusual treatment under s.97(1) IRPA
  3. 3 Credibility of claimants and reliability of documentary and medical evidence

Ratio Decidendi

The claimants’ testimony and documentary evidence were materially inconsistent and not credible, key corroborative documents were found not genuine or unreliable, and the associated claimant was an unreliable witness; therefore the claimants failed to establish a serious possibility of persecution under s.96 IRPA or, on the balance of probabilities, risk of torture or other harms under s.97(1), and their claims are rejected.

Court Disposition

Claims rejected; claimants are not Convention refugees or persons in need of protection.

Orders

  • The refugee protection claims are rejected; claimants are not Convention refugees or persons in need of protection.