TB0-17381

TB0-17381

The claimants' core allegations lack credible independent corroboration, contain significant implausibilities and unexplained conduct inconsistent with a genuine fear, post-hearing evidence was not timely or adequately explained and is inadmissible, and any risk identified is generalized rather than particularized to the claimants; therefore they are not Convention refugees and do not need Canada's protection.

Citation
TB0-17381
Parties
Principal Claimant; Designated Representative; Mother of Minor Claimants: XXXXXXXXXX; Minor Claimants: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX; Husband of Principal Claimant; Father of Youngest Minor Claimant: XXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 January 2012
Procedural Posture
Refugee Protection Claim / Decision (determination After Hearing)
Outcome
Claim dismissed; claimants are not Convention refugees and are not persons in need of Canada's protection.
Legal Topics
Convention Refugee Status, Risk of Torture, Cruel and Unusual Treatment, State Protection, Credibility and Corroboration, Post Hearing Evidence, Gender and Child Guidelines
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Status Risk of Torture Cruel and Unusual Treatment State Protection +3 more

Case Brief

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Parties

XXXXXXXXXX

Principal Claimant; Designated Representative; Mother of Minor Claimants

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Minor Claimants

XXXXXXX

Husband of Principal Claimant; Father of Youngest Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision (determination After Hearing)

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether claimants face a risk to life or risk of torture or cruel and unusual treatment if returned
  3. 3 Whether state protection in St. Lucia is unavailable or inadequate

Ratio Decidendi

The claimants' core allegations lack credible independent corroboration, contain significant implausibilities and unexplained conduct inconsistent with a genuine fear, post-hearing evidence was not timely or adequately explained and is inadmissible, and any risk identified is generalized rather than particularized to the claimants; therefore they are not Convention refugees and do not need Canada's protection.

Court Disposition

Claim dismissed; claimants are not Convention refugees and are not persons in need of Canada's protection.

Orders

  • Refugee protection claim rejected
  • Post-hearing evidence inadmissible