TB2-10271

TB2-10271

The panel found the claimants not credible due to significant omissions and contradictions between written narratives and oral testimony (including delayed amendment after biometrics); concluded South Korea is not an oppressive regime and the National Security Law is a law of general application, therefore the claimants' fears amount to possible prosecution not persecution; accordingly, there is not a serious possibility of persecution or of risks to life, torture, or cruel and unusual treatment and the claims are rejected.

Citation
TB2-10271
Parties
Claimant: XXXX XXXX XXXX; Claimant (spouse): XXXX XXXX XXXX; Minor Claimant (daughter): XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 June 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits by Refugee Protection Division (reasons and Decision)
Outcome
Claims rejected
Legal Topics
Credibility Assessment, Convention Refugee Status, Protection Vs Prosecution, Laws of General Application, Biometrics and Identity
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Protection Vs Prosecution Laws of General Application Biometrics and Identity

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant (spouse)

XXXX XXXX XXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits by Refugee Protection Division (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants are credible
  2. 2 Whether the claimants face persecution on a Convention ground if returned to South Korea
  3. 3 Whether South Korea's National Security Law is a law of general application or persecutory

Ratio Decidendi

The panel found the claimants not credible due to significant omissions and contradictions between written narratives and oral testimony (including delayed amendment after biometrics); concluded South Korea is not an oppressive regime and the National Security Law is a law of general application, therefore the claimants' fears amount to possible prosecution not persecution; accordingly, there is not a serious possibility of persecution or of risks to life, torture, or cruel and unusual treatment and the claims are rejected.

Court Disposition

Claims rejected

Orders

  • Refugee Protection Division rejects the claims of the claimants; not Convention refugees nor persons in need of protection (Decision dated June 13, 2018)