TB6-07534

TB6-07534

The panel rejected the claims because material inconsistencies and omissions in the principal claimant's testimony and narratives, lack of corroboration for alleged threats and corrupt actors, and the shifting explanations destroyed credibility; without credible evidence of a reasonable chance of persecution or a balance of probabilities risk under s.97(1), protection must be refused.

Citation
TB6-07534
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Spouse: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 December 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearing
Outcome
Claimants' claims for refugee protection rejected
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk of Persecution, Non Refoulement, Corroboration of Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Risk of Persecution Non Refoulement Corroboration of Evidence

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Spouse

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether the claimants are persons in need of protection under subsection 97(1) of the IRPA
  3. 3 Whether the principal claimant's allegations and supporting evidence are credible

Ratio Decidendi

The panel rejected the claims because material inconsistencies and omissions in the principal claimant's testimony and narratives, lack of corroboration for alleged threats and corrupt actors, and the shifting explanations destroyed credibility; without credible evidence of a reasonable chance of persecution or a balance of probabilities risk under s.97(1), protection must be refused.

Court Disposition

Claimants' claims for refugee protection rejected

Orders

  • Claimants are not Convention refugees pursuant to section 96 of the IRPA and are not persons in need of protection pursuant to subsection 97(1); claims rejected