MB0-00015

MB0-00015

The claimants failed to discharge the burden of proof: essential elements were not credibly established, documentary evidence was lacking or untrustworthy, testimony contained contradictions and unverifiable dates, and claimant behaviour undermined subjective fear; therefore there is no serious possibility of persecution on a Convention ground nor a balance of probabilities risk of torture, death or cruel and unusual treatment, and the claims are dismissed as having no credible basis under s.107(2) IRPA.

Citation
MB0-00015
Parties
Claimant: XXXXXX; Claimant: XXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 June 2012
Procedural Posture
Refugee Protection Claim / Decision After Refugee Hearing
Outcome
Claims for refugee protection rejected; claimants are not refugees or persons in need of protection
Legal Topics
Imputed Political Opinion, Refugee Protection, Risk of Torture, Credibility and Corroboration, Fabrication, Section 107(2) IRPA
Source Language
English
Immigration Refugee Law Administrative Law Imputed Political Opinion Refugee Protection Risk of Torture Credibility and Corroboration Fabrication +1 more

Case Brief

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Parties

XXXXXX

Claimant

XXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision After Refugee Hearing

Legal Issues

  1. 1 Whether claimants are refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97 IRPA
  3. 3 Credibility of claimants and corroboration of central allegations

Ratio Decidendi

The claimants failed to discharge the burden of proof: essential elements were not credibly established, documentary evidence was lacking or untrustworthy, testimony contained contradictions and unverifiable dates, and claimant behaviour undermined subjective fear; therefore there is no serious possibility of persecution on a Convention ground nor a balance of probabilities risk of torture, death or cruel and unusual treatment, and the claims are dismissed as having no credible basis under s.107(2) IRPA.

Court Disposition

Claims for refugee protection rejected; claimants are not refugees or persons in need of protection

Orders

  • The claims for refugee protection filed by XXXXXX and XXXXXXXXXXXX are rejected.
  • The Tribunal finds the claims have no credible basis within the meaning of subsection 107(2) IRPA.