MB0-01130

MB0-01130

Claimants failed to establish credible, corroborated fear of persecution or a real risk of harm on return and did not show state interest in pursuing them; key corroborative documents were given no probative value and their conduct after arrival undermined the claim, therefore they do not meet the tests for Convention refugee or person in need of protection.

Citation
MB0-01130
Parties
Principal Claimant: XXXX XXXX XXXX X; Co Claimant: XXXXXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 September 2013
Procedural Posture
Refugee Protection Claim (irpa S.96 and S.97(1)) / RPD Decision Following Hearing
Outcome
Claim dismissed; claimants found not to be Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee Status, Person in Need of Protection, Credibility and Corroboration, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Status Person in Need of Protection Credibility and Corroboration State Protection

Case Brief

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Parties

XXXX XXXX XXXX X

Principal Claimant

XXXXXXX XXXX XXXX

Co Claimant

Procedural Posture

Refugee Protection Claim (irpa S.96 and S.97(1)) / RPD Decision Following Hearing

Legal Issues

  1. 1 Whether claimants meet the definition of a Convention refugee under IRPA s.96
  2. 2 Whether claimants are persons in need of protection under IRPA s.97(1)
  3. 3 Credibility and corroboration of allegations (arrest, torture, disappearance, threats)

Ratio Decidendi

Claimants failed to establish credible, corroborated fear of persecution or a real risk of harm on return and did not show state interest in pursuing them; key corroborative documents were given no probative value and their conduct after arrival undermined the claim, therefore they do not meet the tests for Convention refugee or person in need of protection.

Court Disposition

Claim dismissed; claimants found not to be Convention refugees and not persons in need of protection

Orders

  • The claimants, XXXX XXXX XXXX X and XXXXXXX XXXX XXXX, are determined not to be Convention refugees and not to be persons in need of protection.