TA9-22285

TA9-22285

The Panel made multiple adverse credibility findings about the claimants' asserted identity as Jehovah's Witnesses and the trustworthiness of their evidence, found the documentary evidence unpersuasive and insufficiently corroborative, and on that basis concluded the claimants failed to establish a well‑founded fear of persecution or a risk of torture; accordingly the claims are rejected under sections 96 and 97(1) of the IRPA.

Citation
TA9-22285
Parties
Claimant (asylum Seeker): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 December 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Final Merits Decision
Outcome
Claims dismissed; claimants are neither Convention refugees nor persons in need of protection; no substantial grounds for torture upon return
Legal Topics
Credibility, Religion, Convention Refugee Status, Risk of Torture, Corroboration
Source Language
English
Refugee Law Immigration Law Administrative Law Credibility Religion Convention Refugee Status Risk of Torture Corroboration

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Parties

XXXXX XXXXX

Claimant (asylum Seeker)

Procedural Posture

Refugee Protection Claim Under IRPA / Final Merits Decision

Legal Issues

  1. 1 Whether the claimants are bona fide Jehovah's Witnesses
  2. 2 Whether claimants face a risk of persecution in Syria on a Convention ground
  3. 3 Whether claimants face a risk of torture or cruel and unusual treatment on return

Ratio Decidendi

The Panel made multiple adverse credibility findings about the claimants' asserted identity as Jehovah's Witnesses and the trustworthiness of their evidence, found the documentary evidence unpersuasive and insufficiently corroborative, and on that basis concluded the claimants failed to establish a well‑founded fear of persecution or a risk of torture; accordingly the claims are rejected under sections 96 and 97(1) of the IRPA.

Court Disposition

Claims dismissed; claimants are neither Convention refugees nor persons in need of protection; no substantial grounds for torture upon return

Orders

  • Claims rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act