TB4-01512

TB4-01512

On the evidence and on the balance of probabilities the panel found claimants failed to establish credibility and corroboration for key allegations (notably the alleged involuntary sterilization and psychiatric harm), the incidents of mistreatment amounted to discrimination/harassment not persecution, effective state protection was available, and the claimants' delay and re‑availment undermined subjective fear; therefore the claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97(1) IRPA.

Citation
TB4-01512
Parties
Claimant Principal: XXXX XXXX (principal claimant); Claimant Spouse: XXXX XXXX (spouse); Claimant Minor: XXXX XXXX XXXX (minor claimant); Claimant Minor: XXXX XXXX (minor claimant); Respondent Minister: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 June 2014
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing and Reasons/decision
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection under section 96 and subsection 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Credibility Assessment, Persecution on Convention Grounds, State Protection, Best Interests of the Child (procedural), Forced/unauthorized Sterilization, Corroboration and Adverse Inference, Burden of Proof, Delay and Re‑availment
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Persecution on Convention Grounds State Protection Best Interests of the Child (procedural) +4 more

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Parties

XXXX XXXX (principal claimant)

Claimant Principal

XXXX XXXX (spouse)

Claimant Spouse

XXXX XXXX XXXX (minor claimant)

Claimant Minor

XXXX XXXX (minor claimant)

Claimant Minor

Minister of Citizenship and Immigration (Canada)

Respondent Minister

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing and Reasons/decision

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97 IRPA
  3. 3 Credibility of principal claimant and corroboration of allegations (sterilization, psychiatric harm)

Ratio Decidendi

On the evidence and on the balance of probabilities the panel found claimants failed to establish credibility and corroboration for key allegations (notably the alleged involuntary sterilization and psychiatric harm), the incidents of mistreatment amounted to discrimination/harassment not persecution, effective state protection was available, and the claimants' delay and re‑availment undermined subjective fear; therefore the claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97(1) IRPA.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection under section 96 and subsection 97(1) of the Immigration and Refugee Protection Act.

Orders

  • Claims for refugee protection are dismissed; no protection granted under s.96 or s.97(1) IRPA.