MA9-01258

MA9-01258

The claimant failed to prove on a balance of probabilities that the alleged persecutor exists or that she faces a real risk on return because her account contained implausibilities, important corroborating evidence was absent, the police complaint was assessed as likely not genuine and the overall narrative was patched during testimony; therefore the threshold for Convention refugee or need for protection under ss.96-97 IRPA was not met and the claims are denied.

Citation
MA9-01258
Parties
Principal Claimant: XXXX XXXX XXXX; Associated Claimant: XXXX XXXXX XXXX XXXXXXXX; Associated Claimant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 January 2011
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Decision Following Hearing
Outcome
Claims denied
Legal Topics
Credibility, Convention Refugee, Need for Protection, Persecution, Domestic Violence, Corroboration, Fraudulent Documents
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Convention Refugee Need for Protection Persecution Domestic Violence +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXXX XXXX XXXXXXXX

Associated Claimant

XXXX XXXX XXXX

Associated Claimant

XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant proved the existence of the alleged persecutor
  2. 2 Whether the claimant's allegations are credible and corroborated
  3. 3 Whether the claimant faces a risk on return to Mexico/Argentina/United States

Ratio Decidendi

The claimant failed to prove on a balance of probabilities that the alleged persecutor exists or that she faces a real risk on return because her account contained implausibilities, important corroborating evidence was absent, the police complaint was assessed as likely not genuine and the overall narrative was patched during testimony; therefore the threshold for Convention refugee or need for protection under ss.96-97 IRPA was not met and the claims are denied.

Court Disposition

Claims denied

Orders

  • Claims dismissed; claimants are neither Convention refugees nor persons in need of protection under ss.96-97 IRPA