TB6-09711

TB6-09711

The claims were rejected because the claimant failed to establish, on the balance of probabilities, that she was an active member of the named Nubian/Anti-Kajbar Dam organizations or that she and her daughters face a real risk of persecution or FGM on return; this conclusion was reached after adverse credibility findings based on material omissions in the Basis of Claim and Schedule A, insufficient and unreliable documentary corroboration, the unexplained failure to seek asylum in the United States at the first opportunity, and the decision to return to Sudan with her children despite alleged fears.

Citation
TB6-09711
Parties
Claimants: XXXX XXXX XXXX XXXX XXXX XXXX; Adjudicator: Immigration and Refugee Board - Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 September 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Reasons for Decision (final)
Outcome
Claims rejected
Legal Topics
Convention Refugee Status, Person in Need of Protection, Female Genital Mutilation (fgm), Credibility Assessment, Corroboration of Evidence, Failure to Claim at First Opportunity
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Status Person in Need of Protection Female Genital Mutilation (fgm) Credibility Assessment Corroboration of Evidence +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Claimants

Immigration and Refugee Board - Refugee Protection Division

Adjudicator

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Reasons for Decision (final)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee on account of membership/activities with the Anti-Kajbar Dam High People's Commission/Nubian association
  2. 2 Whether the claimant's minor daughters face a risk of FGM if returned to Sudan
  3. 3 Whether the claimant's credibility and identity are established on the balance of probabilities

Ratio Decidendi

The claims were rejected because the claimant failed to establish, on the balance of probabilities, that she was an active member of the named Nubian/Anti-Kajbar Dam organizations or that she and her daughters face a real risk of persecution or FGM on return; this conclusion was reached after adverse credibility findings based on material omissions in the Basis of Claim and Schedule A, insufficient and unreliable documentary corroboration, the unexplained failure to seek asylum in the United States at the first opportunity, and the decision to return to Sudan with her children despite alleged fears.

Court Disposition

Claims rejected