TA5-07864

TA5-07864

The panel rejected the principal claimant's testimony as not credible because of material contradictions between her and her sister about fundamental details (location of alleged assault), failure to produce or diligently obtain expected corroborating documents (medical report, resignation letter), implausible aspects of the account, and reliance on self-serving documents; on that credibility basis the panel found no reasonable chance of persecution nor a balance of probabilities risk of serious harm, and dismissed the claims of the principal and the minor claimants.

Citation
TA5-07864
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Bruce MacLean; Designated Representative: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 November 2005
Procedural Posture
Refugee Protection (convention Refugee Claim) / Hearing and Decision by Refugee Protection Division
Outcome
Refugee protection claims dismissed. Principal claimant and two minor claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Domestic Violence, Particular Social Group, Credibility Assessment, Guidelines on Women Refugee Claimants, Child Refugee Claimants, Corroboration and Documentary Evidence, Non Refoulement
Source Language
English
Immigration Refugee Law Human Rights Family Law Domestic Violence Particular Social Group Credibility Assessment Guidelines on Women Refugee Claimants +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX

Minor Claimant

XXXXX XXXXX XXXXX

Minor Claimant

Bruce MacLean

Refugee Protection Officer

XXXXX XXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection (convention Refugee Claim) / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee on ground of membership in a particular social group (woman subjected to domestic abuse)
  2. 2 Whether claimant is a person in need of protection (risk to life or risk of cruel and unusual treatment)
  3. 3 Credibility and corroboration of claimant's evidence

Ratio Decidendi

The panel rejected the principal claimant's testimony as not credible because of material contradictions between her and her sister about fundamental details (location of alleged assault), failure to produce or diligently obtain expected corroborating documents (medical report, resignation letter), implausible aspects of the account, and reliance on self-serving documents; on that credibility basis the panel found no reasonable chance of persecution nor a balance of probabilities risk of serious harm, and dismissed the claims of the principal and the minor claimants.

Court Disposition

Refugee protection claims dismissed. Principal claimant and two minor claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee protection claim of principal claimant dismissed
  • Refugee protection claims of minor claimants dismissed