TB2-01040

TB2-01040

The Panel rejected the claimants' evidence as not credible due to multiple unexplained inconsistencies and lack of corroboration; because their allegations were not credible the Panel found no well-founded fear of persecution nor a serious risk to life, torture or cruel and unusual treatment on return, and therefore dismissed the claims under ss.96 and 97 IRPA.

Citation
TB2-01040
Parties
Claimant: XXXX XXXX XXX; Claimant: XXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 June 2013
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Decision (reasons and Decision Issued June 28, 2013)
Outcome
Claim dismissed; refugee protection refused
Legal Topics
Convention Refugee Determination, Person in Need of Protection, Credibility Assessment, Religious Persecution, Political Opinion, Sur Place Claim
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Determination Person in Need of Protection Credibility Assessment Religious Persecution Political Opinion +1 more

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Parties

XXXX XXXX XXX

Claimant

XXXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Decision (reasons and Decision Issued June 28, 2013)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97 IRPA
  3. 3 Whether claimants' evidence is credible and corroborated

Ratio Decidendi

The Panel rejected the claimants' evidence as not credible due to multiple unexplained inconsistencies and lack of corroboration; because their allegations were not credible the Panel found no well-founded fear of persecution nor a serious risk to life, torture or cruel and unusual treatment on return, and therefore dismissed the claims under ss.96 and 97 IRPA.

Court Disposition

Claim dismissed; refugee protection refused

Orders

  • Refugee claim rejected; claimants are not Convention refugees under s.96 IRPA
  • Claimants are not persons in need of protection under s.97 IRPA