MB1-06932

MB1-06932

The panel found major credibility defects and implausibilities in the claimants' account and concluded they failed to prove, on a balance of probabilities or under the 'serious possibility' test, that they would be persecuted or face torture, risk to life or cruel and unusual treatment on return; therefore the refugee protection claim is rejected.

Citation
MB1-06932
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Spouse: XXXXXXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 May 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (credibility Assessment)
Outcome
Claim for refugee protection rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Credibility Assessment, Convention Refugee, Persecution, State Protection, Well Founded Fear
Source Language
English
Immigration Law Refugee Law Human Rights Credibility Assessment Convention Refugee Persecution State Protection Well Founded Fear

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXXXXXX XXXX XXXX

Spouse

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (credibility Assessment)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 and paragraph 97(1)(b) IRPA
  2. 2 Whether the claimants’ testimony is credible
  3. 3 Whether there is a serious possibility of persecution, torture, risk to life or cruel and unusual treatment on return

Ratio Decidendi

The panel found major credibility defects and implausibilities in the claimants' account and concluded they failed to prove, on a balance of probabilities or under the 'serious possibility' test, that they would be persecuted or face torture, risk to life or cruel and unusual treatment on return; therefore the refugee protection claim is rejected.

Court Disposition

Claim for refugee protection rejected; claimants are not Convention refugees or persons in need of protection