MB1-01906

MB1-01906

The claims are rejected because the principal claimant's key allegations lacked credible documentary and testimonial support and failed to establish an objectively well‑founded fear for the son; the inheritance dispute is a private family/criminal matter without nexus to s.96; alternatively the claimants failed to rebut the presumption of adequate state protection in democratic Namibia by clear and convincing evidence and did not exhaust available state remedies, therefore no refugee protection or need of protection exists.

Citation
MB1-01906
Parties
Claimant Designated Representative for Minor Child: Principal claimant (name redacted); Claimant Minor: Minor child (name redacted)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 July 2012
Procedural Posture
Refugee Protection Claim (rpd) / Decision Following Hearing
Outcome
Claimants' refugee protection claims dismissed
Legal Topics
Particular Social Group, State Protection, Credibility, Persecution by Family Members, Witchcraft Allegations, Best Interests of the Child, Namibia Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Particular Social Group State Protection Credibility Persecution by Family Members Witchcraft Allegations +2 more

Case Brief

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Parties

Principal claimant (name redacted)

Claimant Designated Representative for Minor Child

Minor child (name redacted)

Claimant Minor

Procedural Posture

Refugee Protection Claim (rpd) / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 IRPA based on membership of a particular social group
  2. 2 Whether the claimants are persons in need of protection under s.97 IRPA
  3. 3 Credibility of the principal claimant's allegations and documentary support

Ratio Decidendi

The claims are rejected because the principal claimant's key allegations lacked credible documentary and testimonial support and failed to establish an objectively well‑founded fear for the son; the inheritance dispute is a private family/criminal matter without nexus to s.96; alternatively the claimants failed to rebut the presumption of adequate state protection in democratic Namibia by clear and convincing evidence and did not exhaust available state remedies, therefore no refugee protection or need of protection exists.

Court Disposition

Claimants' refugee protection claims dismissed

Orders

  • Claimants' claims under s.96 and s.97 of the IRPA are rejected; refugee protection and need for protection denied