MB1-00907

MB1-00907

The claim is rejected because the principal claimant's accounts contained multiple material inconsistencies, the submitted police complaints were manifestly unreliable (duplicated stamps/signatures and identical content), and there was no credible evidence of a real risk or of anyone seeking them in Peru; on that basis the claimant lacked credibility and the claims failed.

Citation
MB1-00907
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Claimant (daughter): XXXXXXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 July 2014
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 and 97(1)(b) / Hearing and Decision on Credibility and Merits
Outcome
Refugee protection claims rejected
Legal Topics
Credibility Assessment, Gender Based Violence, Documentary Evidence Authenticity, Risk of Persecution by Non State Actor
Source Language
English
Immigration Law Refugee Law Family Law Evidence Law Credibility Assessment Gender Based Violence Documentary Evidence Authenticity Risk of Persecution by Non State Actor

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXXXXXX XXXX XXXX XXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 and 97(1)(b) / Hearing and Decision on Credibility and Merits

Legal Issues

  1. 1 Whether the claimants are credible
  2. 2 Whether the police complaint documents are authentic and probative
  3. 3 Whether the principal claimant faces a real risk of persecution or serious harm on return

Ratio Decidendi

The claim is rejected because the principal claimant's accounts contained multiple material inconsistencies, the submitted police complaints were manifestly unreliable (duplicated stamps/signatures and identical content), and there was no credible evidence of a real risk or of anyone seeking them in Peru; on that basis the claimant lacked credibility and the claims failed.

Court Disposition

Refugee protection claims rejected

Orders

  • Refugee protection claims dismissed; no protection granted