MA8-13170

MA8-13170

The claimants' testimony and documentary evidence were found not credible due to material contradictions and omissions and their failure to seek asylum in the United States undermined subjective fear; therefore they did not establish a serious possibility of persecution or risk of torture and the refugee protection claim is rejected.

Citation
MA8-13170
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant: XXXX XXXXXX XXXXX XX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 October 2010
Procedural Posture
Refugee Protection/immigration / Merits Hearing and Decision
Outcome
Claim for refugee protection rejected
Legal Topics
Credibility, Persecution, Extortion, Police Collusion, Failure to Seek Protection in Safe Third Country, Risk of Torture, Evidence and Probative Value
Source Language
English
Refugee Law Immigration Law International Protection Credibility Persecution Extortion Police Collusion Failure to Seek Protection in Safe Third Country +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXX XXXXXX XXXXX XX XXXXX

Claimant

Procedural Posture

Refugee Protection/immigration / Merits Hearing and Decision

Legal Issues

  1. 1 Whether claimants meet the refugee definition under IRPA ss.96-97
  2. 2 Credibility of the claimants' testimony and documentary evidence
  3. 3 Whether claimants face a real risk of torture or cruel and unusual treatment

Ratio Decidendi

The claimants' testimony and documentary evidence were found not credible due to material contradictions and omissions and their failure to seek asylum in the United States undermined subjective fear; therefore they did not establish a serious possibility of persecution or risk of torture and the refugee protection claim is rejected.

Court Disposition

Claim for refugee protection rejected

Orders

  • Claimants are not Convention refugees or persons in need of protection
  • Refugee protection claim under ss.96 and 97 of the IRPA is dismissed