TB1-04727

TB1-04727

The panel rejected the claims because it did not find the principal claimant credible on material points, found insufficient corroborative evidence of the alleged arrests and injuries, determined the incidents were isolated or spontaneous and not evidence of ongoing state targeting, and concluded internal relocation within Turkey was reasonably available; therefore the fear was not well founded and the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB1-04727
Parties
Principal Claimant: XXXXX XXXXX; Claimant (designated Minor): XXXXX XXXXX; Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 December 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Final Merits Decision
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection under IRPA
Legal Topics
Credibility Assessment, Well‑founded Fear, Internal Flight Alternative, Corroboration, Persecution on Account of Ethnicity/religion
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Well‑founded Fear Internal Flight Alternative Corroboration Persecution on Account of Ethnicity/religion

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Claimant (designated Minor)

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Final Merits Decision

Legal Issues

  1. 1 Whether the claimants have a well‑founded fear of persecution
  2. 2 Assessment of credibility and inconsistencies in testimony
  3. 3 Whether there is internal relocation available in Turkey

Ratio Decidendi

The panel rejected the claims because it did not find the principal claimant credible on material points, found insufficient corroborative evidence of the alleged arrests and injuries, determined the incidents were isolated or spontaneous and not evidence of ongoing state targeting, and concluded internal relocation within Turkey was reasonably available; therefore the fear was not well founded and the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection under IRPA