TB8-04155

TB8-04155

The claims are rejected because the panel found no established nexus to a Convention ground, significant credibility problems and material inconsistencies in the claimants' evidence, failures to produce available corroborative documentation (permitting adverse inferences), re‑availment undermining a genuine fear, and country information showing the persecutory group’s diminished capacity; on balance of probabilities there is no forward‑facing risk of persecution, torture or cruel and unusual treatment, so the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB8-04155
Parties
Principal Claimant: XXXX XXXX XXXX; Adult Male Claimant (spouse): XXXX XXXX XXXX XXXX; Minor Claimant (age 4): XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 February 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division (decision Issued)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee Definition, Nexus to Convention Grounds, Credibility Assessment, Corroboration and Documentary Evidence, Re‑availment, Risk Assessment (forward‑facing Risk), Convention Against Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Definition Nexus to Convention Grounds Credibility Assessment Corroboration and Documentary Evidence Re‑availment +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Adult Male Claimant (spouse)

XXXX XXXX XXXX

Minor Claimant (age 4)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division (decision Issued)

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether there is nexus between the alleged harm and a Convention ground
  3. 3 Whether the claimants' testimony is credible and corroborated

Ratio Decidendi

The claims are rejected because the panel found no established nexus to a Convention ground, significant credibility problems and material inconsistencies in the claimants' evidence, failures to produce available corroborative documentation (permitting adverse inferences), re‑availment undermining a genuine fear, and country information showing the persecutory group’s diminished capacity; on balance of probabilities there is no forward‑facing risk of persecution, torture or cruel and unusual treatment, so the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

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