TB8-20414

TB8-20414

The panel rejected the claimants' testimony as not credible and insufficiently corroborated (no police report, no specific link between attackers and alleged persecutors, no credible litigation record, and behavior inconsistent with fear), and on balance of probabilities found there is no serious possibility of persecution nor a risk of torture or cruel and unusual treatment on return to Jordan; claimants therefore are neither Convention refugees nor persons in need of protection.

Citation
TB8-20414
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Secondary Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX; Counsel for the Claimant(s): Esther Lexchin; Counsel for the Minister: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 November 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Decision With Written Reasons (determination on Merits)
Outcome
Claim denied; claimants are not Convention refugees and not persons in need of protection.
Legal Topics
Convention Refugee Determination, Credibility Assessment, State Protection, Internal Flight Alternative, Persecution Nexus
Source Language
English
Immigration Law Refugee Law Family/domestic Violence Convention Refugee Determination Credibility Assessment State Protection Internal Flight Alternative Persecution Nexus

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Secondary Claimant

XXXX XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX

Designated Representative

Esther Lexchin

Counsel for the Claimant(s)

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Decision With Written Reasons (determination on Merits)

Legal Issues

  1. 1 Whether the claimants are credible
  2. 2 Whether claimants face a serious possibility of persecution on return to Jordan
  3. 3 Whether state protection or an internal flight alternative is available

Ratio Decidendi

The panel rejected the claimants' testimony as not credible and insufficiently corroborated (no police report, no specific link between attackers and alleged persecutors, no credible litigation record, and behavior inconsistent with fear), and on balance of probabilities found there is no serious possibility of persecution nor a risk of torture or cruel and unusual treatment on return to Jordan; claimants therefore are neither Convention refugees nor persons in need of protection.

Court Disposition

Claim denied; claimants are not Convention refugees and not persons in need of protection.

Orders

  • Claim dismissed