MB3-02401

MB3-02401

The tribunal disbelieved the principal claimant's core allegations because of significant omissions, inconsistencies, implausible conduct and lack of corroboration; consequently the claimants failed to demonstrate a serious possibility of persecution or a risk of torture/cruel treatment and their claims under s.96 and s.97(1) are rejected.

Citation
MB3-02401
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXXXXXX XXX; Claimant: X XXXX XXXXX; Claimant: XXX XXX XXXX; Designated Representative: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 August 2013
Procedural Posture
Refugee Protection Claim / Decision and Reasons Issued
Outcome
Claims rejected; claimants are not Convention refugees under section 96 and not persons in need of protection under subsection 97(1) of the IRPA.
Legal Topics
Convention Refugee Determination, Person in Need of Protection, Credibility Assessment, Persecution Risk, Organized Crime Threats, Gender Related Persecution Guideline
Source Language
English
Immigration and Refugee Protection Refugee Law Convention Refugee Determination Person in Need of Protection Credibility Assessment Persecution Risk Organized Crime Threats Gender Related Persecution Guideline

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Parties

XXXX XXXX XXXX

Claimant

XXXXXXXX XXX

Claimant

X XXXX XXXXX

Claimant

XXX XXX XXXX

Claimant

XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Claim / Decision and Reasons Issued

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether claimants are persons in need of protection under subsection 97(1) of the IRPA
  3. 3 Credibility of the principal claimant's evidence and consistency of allegations

Ratio Decidendi

The tribunal disbelieved the principal claimant's core allegations because of significant omissions, inconsistencies, implausible conduct and lack of corroboration; consequently the claimants failed to demonstrate a serious possibility of persecution or a risk of torture/cruel treatment and their claims under s.96 and s.97(1) are rejected.

Court Disposition

Claims rejected; claimants are not Convention refugees under section 96 and not persons in need of protection under subsection 97(1) of the IRPA.

Orders

  • Refugee protection claims dismissed