VB1-01201

VB1-01201

The claimants' evidence was not credible or reliably corroborated and they failed to demonstrate a subjective fear of persecution or a personal risk of torture or cruel treatment on return; accordingly they are neither Convention refugees under s.96 nor persons in need of protection under s.97(1) IRPA, and their claims are dismissed.

Citation
VB1-01201
Parties
Principal Claimant: XXXXXXXXXX; Associated Claimant (spouse): XXXXXXXXXXX; Minor Claimant (son): XXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 April 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (refugee Protection Division Reasons for Decision)
Outcome
Claims dismissed; claimants are not Convention refugees and are not persons in need of protection under ss.96 and 97(1) IRPA.
Legal Topics
Convention Refugee Status, Non Refoulement, Credibility Assessment, Persecution, Torture Risk, Failure to Seek Protection/reavailing, Subjective Fear
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Status Non Refoulement Credibility Assessment Persecution Torture Risk +2 more

Case Brief

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Parties

XXXXXXXXXX

Principal Claimant

XXXXXXXXXXX

Associated Claimant (spouse)

XXXXXXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (refugee Protection Division Reasons for Decision)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 IRPA
  2. 2 Whether the claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Credibility and corroboration of testimonial and documentary evidence

Ratio Decidendi

The claimants' evidence was not credible or reliably corroborated and they failed to demonstrate a subjective fear of persecution or a personal risk of torture or cruel treatment on return; accordingly they are neither Convention refugees under s.96 nor persons in need of protection under s.97(1) IRPA, and their claims are dismissed.

Court Disposition

Claims dismissed; claimants are not Convention refugees and are not persons in need of protection under ss.96 and 97(1) IRPA.

Orders

  • Refugee protection claims dismissed
  • No protection granted under ss.96 and 97(1) of the Immigration and Refugee Protection Act