MB1-04417

MB1-04417

The panel rejected the claims because the claimants were found not credible — their testimony was inconsistent, unexplained delays in leaving Chad undermined subjective fear, and documentary evidence combined with the family's socio‑economic status and father's senior position indicated available protection and decreased likelihood of forced marriage, excision or abduction; accordingly the claimants failed to demonstrate a serious possibility of persecution on a Convention ground or a risk under s.97(1).

Citation
MB1-04417
Parties
Claimant: XXXX XXXX XXXX; Claimant (minor): XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 December 2013
Procedural Posture
Refugee Protection (convention Refugee and Person in Need of Protection Under IRPA S.96 and S.97(1)) / Merits Hearing and Final Decision
Outcome
Refugee protection claims rejected; claimants are not Convention refugees and not persons in need of protection under s.97(1) IRPA
Legal Topics
Convention Refugee Determination, Person in Need of Protection (s.97), Credibility Assessment, Forced Marriage, Female Genital Mutilation (fgm), Religious Persecution, State Protection Analysis
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Determination Person in Need of Protection (s.97) Credibility Assessment Forced Marriage Female Genital Mutilation (fgm) +2 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant (minor)

Procedural Posture

Refugee Protection (convention Refugee and Person in Need of Protection Under IRPA S.96 and S.97(1)) / Merits Hearing and Final Decision

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(1) IRPA
  3. 3 Assessment of credibility and delays in seeking protection

Ratio Decidendi

The panel rejected the claims because the claimants were found not credible — their testimony was inconsistent, unexplained delays in leaving Chad undermined subjective fear, and documentary evidence combined with the family's socio‑economic status and father's senior position indicated available protection and decreased likelihood of forced marriage, excision or abduction; accordingly the claimants failed to demonstrate a serious possibility of persecution on a Convention ground or a risk under s.97(1).

Court Disposition

Refugee protection claims rejected; claimants are not Convention refugees and not persons in need of protection under s.97(1) IRPA

Orders

  • Refugee protection claims of the three claimants are rejected