MB0-05230

MB0-05230

The claim fails because central elements of the claimants' narrative were found not credible or implausible, there was a significant absence of expected corroborating evidence, the three‑month delay in filing undermined asserted fear, and on the evidence there was no reasonable or serious possibility of persecution or risk of cruel treatment on return to Iran.

Citation
MB0-05230
Parties
Principal Claimant: XXXXXXXXXX; Spouse: XXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 April 2012
Procedural Posture
Refugee Protection Claim (rpd) / Decision (final)
Outcome
Claims dismissed; claimants are not Convention refugees under s.96 and not persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Refugee Protection Division, Particular Social Group, Family, Children, Protection Elsewhere, Political Opposition, Arbitrary Arrest and Detention, Religion, Religious Practice, Sojourning, Reavailment, Delay in Making a Claim, Male, Spouse, Negative, Iran
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Division Particular Social Group Family Children Protection Elsewhere +11 more

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Parties

XXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXXX

Spouse

Procedural Posture

Refugee Protection Claim (rpd) / Decision (final)

Legal Issues

  1. 1 credibility of claimant
  2. 2 need for corroboration
  3. 3 well-founded fear of persecution

Ratio Decidendi

The claim fails because central elements of the claimants' narrative were found not credible or implausible, there was a significant absence of expected corroborating evidence, the three‑month delay in filing undermined asserted fear, and on the evidence there was no reasonable or serious possibility of persecution or risk of cruel treatment on return to Iran.

Court Disposition

Claims dismissed; claimants are not Convention refugees under s.96 and not persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act.

Orders

  • Claim dismissed.
  • Claimants XXXXXXXXX and XXXXXXXXXXXXXXXX are not Convention refugees under section 96 and are not persons in need of protection within the meaning of section 97(1) of the Immigration and Refugee Protection Act.