TB4-04438

TB4-04438

Decision: claim rejected because the claimant failed to establish identity and credibility and did not provide corroborative evidence or clear and convincing proof to rebut the presumption of state protection; on that basis there is not a serious possibility of persecution on a Convention ground nor a balance of probabilities risk of torture, death or cruel treatment on return.

Citation
TB4-04438
Parties
Claimant: XXXX XXXX; Designated Representative / Purported Mother: XXXX XXXX; Counsel for Claimants: Ali A Naqvi; Minister's Counsel: N/A; Interpreter: A. Vatavu
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 June 2018
Procedural Posture
Refugee Protection Under the Immigration and Refugee Protection Act (sections 96 and 97) / Hearing and Oral Decision; Written Reasons Issued
Outcome
Claim rejected; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee, Credibility and Identity, State Protection, Best Interests of the Child, Designated Representative Duties, Country Conditions (romania)
Source Language
English
Immigration Law Refugee Law Administrative Law Child Protection Convention Refugee Credibility and Identity State Protection Best Interests of the Child +2 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX

Designated Representative / Purported Mother

Ali A Naqvi

Counsel for Claimants

N/A

Minister's Counsel

A. Vatavu

Interpreter

Procedural Posture

Refugee Protection Under the Immigration and Refugee Protection Act (sections 96 and 97) / Hearing and Oral Decision; Written Reasons Issued

Legal Issues

  1. 1 Identity of claimants and relationship to designated representative
  2. 2 Credibility of testimony and documentary corroboration
  3. 3 Whether harassment/discrimination amounts to persecution on a Convention ground

Ratio Decidendi

Decision: claim rejected because the claimant failed to establish identity and credibility and did not provide corroborative evidence or clear and convincing proof to rebut the presumption of state protection; on that basis there is not a serious possibility of persecution on a Convention ground nor a balance of probabilities risk of torture, death or cruel treatment on return.

Court Disposition

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

Orders

  • Claim dismissed; protection denied
  • Oral negative decision rendered June 28, 2018; written reasons issued