MA6-04509

MA6-04509

The claims are rejected because the principal claimant's testimony on essential elements was not credible due to lack of corroborating documentation, internal inconsistencies and unreasonable explanations for failing to obtain evidence; because the wife and mother's claims depend primarily on his account, their claims fail as well.

Citation
MA6-04509
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX XXXXX; Mother: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 May 2008
Procedural Posture
Refugee Protection Claim / Hearing Decision (refugee Protection Division)
Outcome
Claims for refugee protection are rejected; claimants are not Convention refugees under section 96 nor persons in need of protection under subsection 97(1) of the Act.
Legal Topics
Credibility Assessment, Corroboration, Persecution by Particular Social Group, Corruption, Rejection of Claim
Source Language
English
Immigration Refugee Protection Administrative Law Credibility Assessment Corroboration Persecution by Particular Social Group Corruption Rejection of Claim

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX XXXXX

Mother

Procedural Posture

Refugee Protection Claim / Hearing Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether claimants are persons in need of protection under subsection 97(1) of the IRPA
  3. 3 Credibility of principal claimant on essential elements (employment, complaint to authorities, threats, corruption)

Ratio Decidendi

The claims are rejected because the principal claimant's testimony on essential elements was not credible due to lack of corroborating documentation, internal inconsistencies and unreasonable explanations for failing to obtain evidence; because the wife and mother's claims depend primarily on his account, their claims fail as well.

Court Disposition

Claims for refugee protection are rejected; claimants are not Convention refugees under section 96 nor persons in need of protection under subsection 97(1) of the Act.

Orders

  • Refugee protection claims rejected