MA8-13628

MA8-13628

The panel concluded the incidents amounted to harassment rather than persecution; the claimants failed to corroborate complaints and did not exhaust available state remedies, so they did not establish a serious possibility of persecution or that they are persons in need of protection; claims are dismissed.

Citation
MA8-13628
Parties
Principal Claimant (female): XXXXX XXXXX XXXXX; Spouse (co Claimant): XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 April 2010
Procedural Posture
Refugee Protection / Decision After Hearing
Outcome
Claimants' refugee protection claims rejected.
Legal Topics
Persecution, State Protection, Imputed Political Opinion, Particular Social Group, Ethnicity, Religion, Harassment, Credibility
Source Language
English
Immigration Law Refugee Law Administrative Law Persecution State Protection Imputed Political Opinion Particular Social Group Ethnicity +3 more

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Parties

XXXXX XXXXX XXXXX

Principal Claimant (female)

XXXXX XXXXX XXXXX

Spouse (co Claimant)

Procedural Posture

Refugee Protection / Decision After Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under IRPA s.96
  2. 2 Whether claimants are persons in need of protection under IRPA s.97(1)
  3. 3 Whether the alleged mistreatment amounts to persecution

Ratio Decidendi

The panel concluded the incidents amounted to harassment rather than persecution; the claimants failed to corroborate complaints and did not exhaust available state remedies, so they did not establish a serious possibility of persecution or that they are persons in need of protection; claims are dismissed.

Court Disposition

Claimants' refugee protection claims rejected.

Orders

  • Claims for Convention refugee status and protection under IRPA ss.96 and 97 dismissed.