TA4-14591

TA4-14591

The panel rejected the claims because the principal claimant failed to provide credible or trustworthy evidence of rape or a blood feud and her documents were unreliable or implausible; on that basis the panel concluded she and the minor male claimant are neither Convention refugees nor persons in need of protection and the US-born minor's claim had no supporting evidence and also failed.

Citation
TA4-14591
Parties
Principal Claimant: XXXXX XXXXX; Minor Claimant (male): XXXXX XXXXX XXXXX; Minor Claimant (female): XXXXX XXXXX XXXXX; Refugee Protection Officer: H. Adamidis; Designated Representative: XXXXX XXXXX; Minister's Counsel: Minister's counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 September 2005
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Particular Social Group, Gender Based Persecution, Sexual Assault, Credibility Assessment, Natural Justice, Hearing Procedures, Chairperson's Guidelines
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Particular Social Group Gender Based Persecution Sexual Assault Credibility Assessment +3 more

Case Brief

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Minor Claimant (male)

XXXXX XXXXX XXXXX

Minor Claimant (female)

H. Adamidis

Refugee Protection Officer

XXXXX XXXXX

Designated Representative

Minister's counsel

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimant established membership in a particular social group
  2. 2 Whether claimant established a well-founded fear of persecution based on rape and blood feud
  3. 3 Credibility and reliability of documentary and medical evidence

Ratio Decidendi

The panel rejected the claims because the principal claimant failed to provide credible or trustworthy evidence of rape or a blood feud and her documents were unreliable or implausible; on that basis the panel concluded she and the minor male claimant are neither Convention refugees nor persons in need of protection and the US-born minor's claim had no supporting evidence and also failed.

Court Disposition

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

Orders

  • The refugee protection claims TA4-14591, TA4-14594 and TA4-14595 are refused