TB0-00905

TB0-00905

Claimants' evidence failed to establish nexus to a Convention ground because the harm stemmed from ordinary criminality not political opinion or membership of a protected group; claimants were not credible given contradictions, implausibilities, re‑availment and suspect documents; state protection was not rebutted with clear and convincing evidence; accordingly the claimants are neither Convention refugees nor persons in need of protection under s.97 IRPA and the claims are denied.

Citation
TB0-00905
Parties
Principal Claimant: XXXX XXXX; Spouse: XXXX XXXX; Minor Child: XXXX XXXX; Counsel for Claimants: Robin Morch; Designated Representative for Minors: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 January 2014
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act (sections 96 and 97) / Hearing Completed; Decision Reserved; Decision Rendered in Chambers After Transcript Review and Post‑hearing Submissions
Outcome
Claims denied; claimants are not Convention refugees and are not persons in need of protection under sections 96 and 97 IRPA.
Legal Topics
Convention Refugee Definition, Nexus to Convention Grounds, State Protection, Credibility Assessment, Particular Social Group, Imputed Political Opinion, Re‑availment/delay, Document Authenticity
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Definition Nexus to Convention Grounds State Protection Credibility Assessment Particular Social Group +3 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Spouse

XXXX XXXX

Minor Child

Robin Morch

Counsel for Claimants

XXXX XXXX

Designated Representative for Minors

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act (sections 96 and 97) / Hearing Completed; Decision Reserved; Decision Rendered in Chambers After Transcript Review and Post‑hearing Submissions

Legal Issues

  1. 1 Whether claimed harm is persecutory and connected to a Convention ground (nexus)
  2. 2 Whether claimants belong to a particular social group
  3. 3 Whether claimant holds an imputed political opinion

Ratio Decidendi

Claimants' evidence failed to establish nexus to a Convention ground because the harm stemmed from ordinary criminality not political opinion or membership of a protected group; claimants were not credible given contradictions, implausibilities, re‑availment and suspect documents; state protection was not rebutted with clear and convincing evidence; accordingly the claimants are neither Convention refugees nor persons in need of protection under s.97 IRPA and the claims are denied.

Court Disposition

Claims denied; claimants are not Convention refugees and are not persons in need of protection under sections 96 and 97 IRPA.

Orders

  • The refugee protection claims of XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX are denied