TB1-02950

TB1-02950

The panel rejected the claimants' allegations as not credible and insufficiently corroborated, noting internal inconsistencies and documentary evidence inconsistent with ongoing harassment; accordingly the claimants are neither Convention refugees nor persons in need of protection under sections 97(1)(a) or 97(1)(b) IRPA and removal to Hungary does not pose the asserted risks.

Citation
TB1-02950
Parties
Principal Claimant (pc): XXXX XXXX XXXXXXXX; Daughter (minor Claimant): XXXX XXXX XXXXXXXX; Son (minor Claimant): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 July 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (first Instance)
Outcome
Claim dismissed; claimants are not Convention refugees and are not persons in need of protection under section 97(1) IRPA.
Legal Topics
Convention Refugee Determination, Protection Claim Under Section 97 IRPA, Credibility Assessment, Corroboration Requirements
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Determination Protection Claim Under Section 97 IRPA Credibility Assessment Corroboration Requirements

Case Brief

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Parties

XXXX XXXX XXXXXXXX

Principal Claimant (pc)

XXXX XXXX XXXXXXXX

Daughter (minor Claimant)

XXXX XXXX

Son (minor Claimant)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (first Instance)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 IRPA
  2. 2 Whether the claimants are persons in need of protection under section 97(1)(a) and 97(1)(b) IRPA
  3. 3 Whether the claimants' allegations are credible and sufficiently corroborated

Ratio Decidendi

The panel rejected the claimants' allegations as not credible and insufficiently corroborated, noting internal inconsistencies and documentary evidence inconsistent with ongoing harassment; accordingly the claimants are neither Convention refugees nor persons in need of protection under sections 97(1)(a) or 97(1)(b) IRPA and removal to Hungary does not pose the asserted risks.

Court Disposition

Claim dismissed; claimants are not Convention refugees and are not persons in need of protection under section 97(1) IRPA.

Orders

  • Claim denied
  • No protection granted; removal to Hungary permitted