TB8-19647

TB8-19647

The claimants' core allegations were found not credible due to multiple material inconsistencies between two written BOC narratives and oral testimony, combined with a failure to provide original or properly authenticated corroborating documents or to show reasonable efforts to obtain them as required by RPD Rule 11; those credibility and corroboration failures fatally undermine claims under both the Convention refugee definition and subsection 97(1).

Citation
TB8-19647
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Spouse / Designated Representative for Minors: XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Minor Child: XXXX XXXX XXXX XXXX; Counsel for Claimants: Dariusz Wroblewski; Designated Representative: XXXX XXXX XXXX XXXX; Minister's Counsel: N/A; Interpreter: J. Latour; Member (decision Maker): J. Kivlichan
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 June 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing and Reasons Delivered (decision Refusing Protection)
Outcome
Claims dismissed; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Corroboration and Documentary Evidence, State Protection, Asylum Shopping, RPD Rule 11
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Corroboration and Documentary Evidence State Protection +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Spouse / Designated Representative for Minors

XXXX XXXX XXXX XXXX

Minor Child

Dariusz Wroblewski

Counsel for Claimants

XXXX XXXX XXXX XXXX

Designated Representative

N/A

Minister's Counsel

J. Latour

Interpreter

J. Kivlichan

Member (decision Maker)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing and Reasons Delivered (decision Refusing Protection)

Legal Issues

  1. 1 Whether claimants meet the Convention refugee definition
  2. 2 Whether claimants are persons in need of protection under subsection 97(1)
  3. 3 Whether claimants' testimony is credible and consistent

Ratio Decidendi

The claimants' core allegations were found not credible due to multiple material inconsistencies between two written BOC narratives and oral testimony, combined with a failure to provide original or properly authenticated corroborating documents or to show reasonable efforts to obtain them as required by RPD Rule 11; those credibility and corroboration failures fatally undermine claims under both the Convention refugee definition and subsection 97(1).

Court Disposition

Claims dismissed; claimants are neither Convention refugees nor persons in need of protection