TB0-09007

TB0-09007

The panel rejected the claims because the claimant was found not credible on multiple key points (inconsistent dates, vague description of the vehicle and number of men, implausible conduct regarding moving and removal of valuables), and even if the allegations were accepted an internal flight alternative in Herat was available; therefore there is no real risk of persecution, risk to life, or torture on return, so the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB0-09007
Parties
Claimant (designated Representative): XXXXXXXXXX; Claimant (spouse): XXXXXXXXXX; Claimant (child): XXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 February 2012
Procedural Posture
Refugee Protection Claim / Decision After Merits Hearing
Outcome
Claims rejected; claimants found not to be Convention refugees and not to be persons in need of protection
Legal Topics
Forced Marriage, Harassment, Credibility, Internal Flight Alternative, Convention Refugee Determination, Risk of Torture
Source Language
English
Immigration and Refugee Law Refugee Protection Gender Based Persecution Forced Marriage Harassment Credibility Internal Flight Alternative Convention Refugee Determination +1 more

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Parties

XXXXXXXXXX

Claimant (designated Representative)

XXXXXXXXXX

Claimant (spouse)

XXXXXXXXXX

Claimant (child)

Procedural Posture

Refugee Protection Claim / Decision After Merits Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 of the IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1) of the IRPA
  3. 3 Whether the claimant is credible

Ratio Decidendi

The panel rejected the claims because the claimant was found not credible on multiple key points (inconsistent dates, vague description of the vehicle and number of men, implausible conduct regarding moving and removal of valuables), and even if the allegations were accepted an internal flight alternative in Herat was available; therefore there is no real risk of persecution, risk to life, or torture on return, so the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants found not to be Convention refugees and not to be persons in need of protection

Orders

  • The refugee protection claims of the claimants are rejected.