TA8-23466

TA8-23466

Because the principal claimant and the minor claimants presented material and cumulative inconsistencies and omissions (notably the late disclosure of ongoing sexual assaults and omission of children's abuse from Personal Information Forms), and because they failed to take all reasonable steps to seek state protection and did not provide clear and convincing evidence that South Korea would be unable or unwilling to protect them, the Panel found on the balance of probabilities that the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA8-23466
Parties
Principal Claimant / Designated Representative: XXXXX XXXXX; Minor Claimant (daughter): XXXXX XXXXX; Minor Claimant (son): XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 May 2010
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / Decision (post‑hearing)
Outcome
Claim rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Domestic Violence, Sexual Violence (marital Rape), State Protection Adequacy, Credibility and Personal Information Form Omissions, Best Interests of the Child, Psychological/medical Evidence
Source Language
English
Immigration and Refugee Law Refugee Protection Gender‑based Violence Child Protection Administrative Law Domestic Violence Sexual Violence (marital Rape) State Protection Adequacy +3 more

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Parties

XXXXX XXXXX

Principal Claimant / Designated Representative

XXXXX XXXXX

Minor Claimant (daughter)

XXXXX XXXXX XXXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act) / Decision (post‑hearing)

Legal Issues

  1. 1 Credibility of principal claimant and minors due to inconsistencies and omissions
  2. 2 Whether claimants took all reasonable steps to obtain state protection
  3. 3 Whether claimants rebutted presumption that South Korea can provide protection

Ratio Decidendi

Because the principal claimant and the minor claimants presented material and cumulative inconsistencies and omissions (notably the late disclosure of ongoing sexual assaults and omission of children's abuse from Personal Information Forms), and because they failed to take all reasonable steps to seek state protection and did not provide clear and convincing evidence that South Korea would be unable or unwilling to protect them, the Panel found on the balance of probabilities that the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claim rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee Protection Division rejects the claimants' refugee protection claims