MA5-04493

MA5-04493

The Tribunal dismissed the claims because it found the claimants' central allegations lacked credibility and plausibility, key documents had no probative value, and material contradictions and delays were irreconcilable with the asserted risk; therefore claimants failed to establish a serious possibility of persecution under s.96 or a need for protection under s.97(1).

Citation
MA5-04493
Parties
Principal Claimant: Mr. XXXXX XXXXX XXXXX XXXXX XXXXX; Claimant Spouse: Mrs. XXXXX XXXXX XXXXX; Claimant Child: XXXXX XXXXX; Claimant Child: XXXXX XXXXX XXXXX XXXXX; Refugee Protection Officer (respondent): Normand Leduc; Panel Member (decision Maker): Paule Robitaille
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 June 2006
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Hearing Concluded and Decision Rendered
Outcome
Claim dismissed; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Convention Refugee, Person in Need of Protection, Gender Based Violence, Corruption and Police Persecution, Evidence and Documents, Plausibility, Delay to Leave Country, Child Derivative Claims
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Credibility Assessment Convention Refugee Person in Need of Protection Gender Based Violence +5 more

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Parties

Mr. XXXXX XXXXX XXXXX XXXXX XXXXX

Principal Claimant

Mrs. XXXXX XXXXX XXXXX

Claimant Spouse

XXXXX XXXXX

Claimant Child

XXXXX XXXXX XXXXX XXXXX

Claimant Child

Normand Leduc

Refugee Protection Officer (respondent)

Paule Robitaille

Panel Member (decision Maker)

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Hearing Concluded and Decision Rendered

Legal Issues

  1. 1 Whether claimants are Convention refugees under IRPA s.96
  2. 2 Whether claimants are persons in need of protection under IRPA s.97(1)
  3. 3 Whether the claimants' central allegations are credible and corroborated

Ratio Decidendi

The Tribunal dismissed the claims because it found the claimants' central allegations lacked credibility and plausibility, key documents had no probative value, and material contradictions and delays were irreconcilable with the asserted risk; therefore claimants failed to establish a serious possibility of persecution under s.96 or a need for protection under s.97(1).

Court Disposition

Claim dismissed; claimants are neither Convention refugees nor persons in need of protection.