VA2-01063

VA2-01063

Because the claimants were found to be wholly lacking in credibility—demonstrated by contradictions, implausibilities, failure to demonstrate claimed Roma cultural/linguistic knowledge, failure to seek asylum while in the U.S., and a late withdrawal viewed as abusive—the panel concluded there was no credible basis for the claims and therefore the claimants are neither Convention refugees nor persons in need of protection under ss.96‑97 IRPA.

Citation
VA2-01063
Parties
Claimant: XXXXXXXXXX; Claimant: XXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 August 2003
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing Completed; Decision Issued (post‑hearing Determination)
Outcome
Claims dismissed; claimants found not to be Convention refugees nor persons in need of protection; no credible basis found.
Legal Topics
Credibility, Credible Basis, Withdrawal, Abuse of Process, Ethnicity (roma), Re‑availment, Convention Refugee Determination, Hungary
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Credible Basis Withdrawal Abuse of Process Ethnicity (roma) +3 more

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Parties

XXXXXXXXXX

Claimant

XXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing Completed; Decision Issued (post‑hearing Determination)

Legal Issues

  1. 1 Credibility of claimants' testimony
  2. 2 Failure to seek protection in the United States (re‑availment)
  3. 3 Claimants' asserted Roma ethnicity and cultural knowledge

Ratio Decidendi

Because the claimants were found to be wholly lacking in credibility—demonstrated by contradictions, implausibilities, failure to demonstrate claimed Roma cultural/linguistic knowledge, failure to seek asylum while in the U.S., and a late withdrawal viewed as abusive—the panel concluded there was no credible basis for the claims and therefore the claimants are neither Convention refugees nor persons in need of protection under ss.96‑97 IRPA.

Court Disposition

Claims dismissed; claimants found not to be Convention refugees nor persons in need of protection; no credible basis found.

Orders

  • Findings issued: XXXXXXXXXX and XXXXXXXXX are neither Convention refugees nor persons in need of protection as defined in ss.96 and 97 IRPA; pursuant to subsection 107(2) IRPA there is no credible basis to their claims.
  • Panel issued reasons notwithstanding the claimants' application to withdraw, treating the late withdrawal as an attempt to circumvent the process and as undermining the Board's integrity.