MA7-05731

MA7-05731

The panel rejected the claim because the claimants' testimony was not credible due to material inconsistencies and implausibilities, key documentary evidence did not corroborate FARC involvement, there was insufficient evidence of individualized risk or nexus to a Convention ground, and the claimants failed to show on a balance of probabilities that they would face persecution, torture, death or cruel and unusual treatment on return.

Citation
MA7-05731
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Common Law Spouse: XXXXX XXXXX XXXXX XXXXX XXXXX; Minor Son: XXXXX XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 August 2010
Procedural Posture
Refugee Protection Claim / Hearing/decision
Outcome
Refugee protection claim rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Credibility, Convention Refugee, Protection, Drug Trafficking, FARC, Persecution, Asylum
Source Language
English
Refugee Law Immigration Law Criminal Law Human Rights Credibility Convention Refugee Protection Drug Trafficking +3 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX

Common Law Spouse

XXXXX XXXXX XXXXX XXXXX XXXXX

Minor Son

Procedural Posture

Refugee Protection Claim / Hearing/decision

Legal Issues

  1. 1 Whether claimants are Convention refugees or persons in need of protection
  2. 2 Credibility of claimant testimony
  3. 3 Whether refusal to cooperate with armed group (FARC) and related events establish nexus to a Convention ground

Ratio Decidendi

The panel rejected the claim because the claimants' testimony was not credible due to material inconsistencies and implausibilities, key documentary evidence did not corroborate FARC involvement, there was insufficient evidence of individualized risk or nexus to a Convention ground, and the claimants failed to show on a balance of probabilities that they would face persecution, torture, death or cruel and unusual treatment on return.

Court Disposition

Refugee protection claim rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • Refugee protection claim rejected; claimants are not Convention refugees or persons in need of protection.