TA4-17859

TA4-17859

The claimants' evidence and documents lack credibility and probative value, the panel accepts they were not in Sri Lanka at material times, and their subjective fear is undermined (including failure to seek protection in the United States); therefore they did not meet the onus on a balance of probabilities to demonstrate individualized persecution or a real risk of serious harm under IRPA and are neither Convention refugees nor persons in need of protection.

Citation
TA4-17859
Parties
Claimant: XXXXX XXXXX; Co Claimant: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX; Refugee Protection Officer: Amalio Cedrez; Designated Representative: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 February 2006
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Refugee protection claims dismissed; claimants found not to be Convention refugees nor persons in need of protection
Legal Topics
Membership of a Particular Social Group, Political Opinion (perceived), Credibility Assessment, Documentary Evidence and Probative Value, Failure to Claim in a First Safe Country, Risk Assessment (general Population Vs. Individual)
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Membership of a Particular Social Group Political Opinion (perceived) Credibility Assessment Documentary Evidence and Probative Value +2 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX

Co Claimant

XXXXX XXXXX

Minor Claimant

Amalio Cedrez

Refugee Protection Officer

XXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants are members of a Convention ground (particular social group/political opinion)
  2. 2 Whether claimants established presence in Sri Lanka at material times and credibility of their testimony
  3. 3 Whether documentary evidence (NICs and birth certificates) is probative and authentic

Ratio Decidendi

The claimants' evidence and documents lack credibility and probative value, the panel accepts they were not in Sri Lanka at material times, and their subjective fear is undermined (including failure to seek protection in the United States); therefore they did not meet the onus on a balance of probabilities to demonstrate individualized persecution or a real risk of serious harm under IRPA and are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claims dismissed; claimants found not to be Convention refugees nor persons in need of protection

Orders

  • The refugee protection claims of the claimant, co-claimant and minor claimants are rejected