MB7-15234

MB7-15234

The claim is rejected because the principal claimant's testimony was inconsistent and not credible, key supporting documents (employment certificate and police complaint reports) were given no probative value due to contradictions and apparent alterations, and the evidence did not establish a personal risk or membership-based persecution beyond generalized crime; accordingly the panel found no serious possibility of persecution or need for protection under ss.96 or 97 and found no credible basis under s.107(2).

Citation
MB7-15234
Parties
Principal Claimant / Asylum Seeker: XXXX XXXX; Minor Claimant / Asylum Seeker: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 January 2019
Procedural Posture
Refugee Protection (irb Refugee Protection Division) / Hearing and Reasons for Decision (final)
Outcome
Refugee protection claim rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Gender Based Persecution, Generalized Crime, Country Conditions (haiti)
Source Language
English
Immigration Refugee Law Asylum Convention Refugee Person in Need of Protection Credibility Assessment Gender Based Persecution Generalized Crime +1 more

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Parties

XXXX XXXX

Principal Claimant / Asylum Seeker

XXXX XXXX XXXX

Minor Claimant / Asylum Seeker

Procedural Posture

Refugee Protection (irb Refugee Protection Division) / Hearing and Reasons for Decision (final)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether claimants are persons in need of protection under subsection 97(1) of the Act
  3. 3 Credibility of the principal claimant's testimony and supporting documents

Ratio Decidendi

The claim is rejected because the principal claimant's testimony was inconsistent and not credible, key supporting documents (employment certificate and police complaint reports) were given no probative value due to contradictions and apparent alterations, and the evidence did not establish a personal risk or membership-based persecution beyond generalized crime; accordingly the panel found no serious possibility of persecution or need for protection under ss.96 or 97 and found no credible basis under s.107(2).

Court Disposition

Refugee protection claim rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • Refugee protection claim rejected; no credible basis under subsection 107(2) of the Immigration and Refugee Protection Act