TB5-08664
The panel rejected the claims because the claimants' central allegations were found not credible, documentary evidence was weak or inconsistent and did not corroborate a profile that would attract state persecution; country evidence showed discrimination against Alevis but not persecution, and the claimants did not meet the standards for Convention refugee status or for risk of torture or death; therefore claims dismissed.
- Citation
- TB5-08664
- Parties
- Minor Claimant: XXXX XXXX; Claimant (male): XXXX XXXX; Claimant (female): XXXX XXXX
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 13 April 2016
- Procedural Posture
- Refugee Protection (irpa Ss.96,97) / Decision Following Hearing (reasons Issued)
- Outcome
- Claims rejected: claimants are not Convention refugees nor persons in need of protection
- Legal Topics
- Credibility Assessment, Convention Refugee Determination, Persecution, Risk of Torture, State Protection, Membership of a Particular Social Group (alevi), Political Opinion (bdp/hdp Activism), Gender Based Violence and Child Protection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Minor Claimant
XXXX XXXX
Claimant (male)
XXXX XXXX
Claimant (female)
Procedural Posture
Refugee Protection (irpa Ss.96,97) / Decision Following Hearing (reasons Issued)
Legal Issues
- 1 Whether claimants were credible on central allegations
- 2 Whether claimants established persecution on a Convention ground
- 3 Whether claimants faced a personal risk of torture or risk to life or cruel and unusual treatment or punishment
Ratio Decidendi
The panel rejected the claims because the claimants' central allegations were found not credible, documentary evidence was weak or inconsistent and did not corroborate a profile that would attract state persecution; country evidence showed discrimination against Alevis but not persecution, and the claimants did not meet the standards for Convention refugee status or for risk of torture or death; therefore claims dismissed.
Court Disposition
Claims rejected: claimants are not Convention refugees nor persons in need of protection
Orders
- Refugee Protection Division denies the refugee protection claims; claims dismissed
Full Case Text
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