MB3-01714

MB3-01714

The panel dismissed the refugee claims because the claimants failed to credibly establish that they faced a well‑founded fear of persecution or individualized risk such that they qualify as Convention refugees under s.96 or persons in need of protection under s.97(1); adverse credibility findings and failure to prove targeted risk, combined with available country/citizenship considerations, were determinative.

Citation
MB3-01714
Parties
Claimant: Mrs. XXXX; Claimant: Mr. XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX; Respondent/intervenor: Minister of Public Safety and Emergency Preparedness; Tribunal/panel: Patrick Lemieux; Designated Representative: S/O
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 January 2014
Procedural Posture
Refugee Claim Under Immigration and Refugee Protection Act / Final Decision With Reasons (hearing Held and Decision Rendered)
Outcome
Refugee claims dismissed
Legal Topics
Convention Refugee (s.96), Person in Need of Protection (s.97(1)), Credibility Assessment, Country of Reference, Acquisition/resumption of Citizenship, Gang Violence (ms 13)
Source Language
English
Immigration Law Refugee Law Administrative Law Nationality/citizenship Law Convention Refugee (s.96) Person in Need of Protection (s.97(1)) Credibility Assessment Country of Reference +2 more

Case Brief

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Parties

Mrs. XXXX

Claimant

Mr. XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Respondent/intervenor

Patrick Lemieux

Tribunal/panel

S/O

Designated Representative

Procedural Posture

Refugee Claim Under Immigration and Refugee Protection Act / Final Decision With Reasons (hearing Held and Decision Rendered)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the Act
  2. 2 Whether claimants are persons in need of protection under section 97(1) of the Act
  3. 3 Whether Sri Lanka is an available country of reference for two claimants who formerly held Sri Lankan citizenship

Ratio Decidendi

The panel dismissed the refugee claims because the claimants failed to credibly establish that they faced a well‑founded fear of persecution or individualized risk such that they qualify as Convention refugees under s.96 or persons in need of protection under s.97(1); adverse credibility findings and failure to prove targeted risk, combined with available country/citizenship considerations, were determinative.

Court Disposition

Refugee claims dismissed

Orders

  • The refugee protection claims of Mrs. XXXX, Mr. XXXX, XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX are dismissed