CA5-00041

CA5-00041

Because the male claimant's core allegations were found not credible and unexplained inconsistencies coupled with documentary country evidence and the long passage of time show no real risk of politically-motivated persecution, and because the female and minor claimants only demonstrated isolated acts of discrimination insufficient to amount to persecution, the Board found no well-founded fear on a Convention ground and no risk of torture or cruel and unusual treatment; the claims were therefore rejected.

Citation
CA5-00041
Parties
Claimant: XXXXX XXXXX - XXXXX; Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 May 2006
Procedural Posture
Refugee Protection / Decision
Outcome
Refugee claims denied; claimants are not Convention refugees or persons in need of protection
Legal Topics
Convention Refugee Definition, Political Opinion, Credibility Assessment, Racial Discrimination, Risk of Torture, Country Condition Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Definition Political Opinion Credibility Assessment Racial Discrimination +2 more

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Parties

XXXXX XXXXX - XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection / Decision

Legal Issues

  1. 1 Whether claimants have well-founded fear of persecution for Convention ground
  2. 2 Credibility of the male claimant and weight to be accorded to inconsistencies
  3. 3 Whether female and minor claimant face persecution in United States due to family membership/racial profiling

Ratio Decidendi

Because the male claimant's core allegations were found not credible and unexplained inconsistencies coupled with documentary country evidence and the long passage of time show no real risk of politically-motivated persecution, and because the female and minor claimants only demonstrated isolated acts of discrimination insufficient to amount to persecution, the Board found no well-founded fear on a Convention ground and no risk of torture or cruel and unusual treatment; the claims were therefore rejected.

Court Disposition

Refugee claims denied; claimants are not Convention refugees or persons in need of protection

Orders

  • Refugee claims denied (not Convention refugees or persons in need of protection)