TA6-11034

TA6-11034

The claimants' inconsistent and implausible documentary and oral evidence, and failure to meet the obligation to provide credible identity and travel documentation under s.106 IRPA and board rules, destroyed their overall credibility and therefore they do not qualify as Convention refugees nor as persons in need of protection under ss.96.1 and 97 of the IRPA.

Citation
TA6-11034
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant (minor): XXXXX XXXXX XXXXX XXXXX; Claimant (minor): XXXXX XXXXX XXXXX; Refugee Protection Officer: E. Baragar; Designated Representative: XXXXX XXXXX XXXXX; Adjudicator: Michael Hamelin; Counsel for the Minister: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 November 2007
Procedural Posture
Refugee Protection Convention Refugee Claim / Decision Issued After Hearing
Outcome
Claim denied; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Credibility, Political Opinion, Particular Social Group, Risk of Torture, Identity Documents, Female Claimants, Child Claimants
Source Language
English
Immigration Refugee Law Human Rights Credibility Political Opinion Particular Social Group Risk of Torture Identity Documents +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant (minor)

XXXXX XXXXX XXXXX

Claimant (minor)

E. Baragar

Refugee Protection Officer

XXXXX XXXXX XXXXX

Designated Representative

Michael Hamelin

Adjudicator

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision Issued After Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees on account of political opinion and membership of a particular social group
  2. 2 Whether claimants face risk of torture or cruel and unusual treatment on return
  3. 3 Whether claimants met obligations to produce credible identity and travel documents under s.106 IRPA and RPD rules

Ratio Decidendi

The claimants' inconsistent and implausible documentary and oral evidence, and failure to meet the obligation to provide credible identity and travel documentation under s.106 IRPA and board rules, destroyed their overall credibility and therefore they do not qualify as Convention refugees nor as persons in need of protection under ss.96.1 and 97 of the IRPA.

Court Disposition

Claim denied; claimants are not Convention refugees and are not persons in need of protection