VB2-01140

VB2-01140

The Board rejected the claims because the claimants' evidence was found not credible or reliable on balance of probabilities due to material omissions, contradictions, inconsistent testimony, and a corroborating summons deemed not genuine; absent reliable corroboration and with no credible evidence of political activity or personal risk of torture or death, the claimants failed to establish Convention refugee status or need for protection.

Citation
VB2-01140
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX; Counsel for the Claimant(s): Lesley Stalker; Counsel for the Claimant(s): Jennifer Godwin-Ellis; Counsel for the Minister (by Documents Only): Jennifer Mensink; Tribunal Officer: Tribunal Officer; Designated Representative: XXXX XXXX; Representative for Designated: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2013
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision on Merits (reasons for Decision)
Outcome
Claims dismissed; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee Determination, Person in Need of Protection, Credibility Assessment, Sur Place Claim, Vulnerable Persons/gender Guidelines, Corroboration of Evidence, Alleged Fraudulent Documents
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Determination Person in Need of Protection Credibility Assessment Sur Place Claim Vulnerable Persons/gender Guidelines +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

XXXX XXXX

Minor Claimant

Lesley Stalker

Counsel for the Claimant(s)

Jennifer Godwin-Ellis

Counsel for the Claimant(s)

Jennifer Mensink

Counsel for the Minister (by Documents Only)

Tribunal Officer

Tribunal Officer

XXXX XXXX

Designated Representative

XXXX XXXX

Representative for Designated

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision on Merits (reasons for Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees with a well-founded fear of persecution for a Convention ground
  2. 2 Whether claimants are persons in need of protection (risk to life or risk of cruel and unusual treatment)
  3. 3 Whether there are substantial grounds to believe claimants would be tortured if returned

Ratio Decidendi

The Board rejected the claims because the claimants' evidence was found not credible or reliable on balance of probabilities due to material omissions, contradictions, inconsistent testimony, and a corroborating summons deemed not genuine; absent reliable corroboration and with no credible evidence of political activity or personal risk of torture or death, the claimants failed to establish Convention refugee status or need for protection.

Court Disposition

Claims dismissed; claimants are not Convention refugees and are not persons in need of protection

Orders

  • Claims rejected; refugee protection claims are dismissed