TA6-09354

TA6-09354

Adverse credibility findings based on internal inconsistencies and contradictions with credible country documentation, together with an unexplained delay in departure, mean the claimants failed to establish a well-founded fear of persecution on a Convention ground and failed to demonstrate they would more likely than not face torture, risk to life, or cruel and unusual treatment on return; therefore the claims are rejected under ss.96-97 IRPA.

Citation
TA6-09354
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 June 2007
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision
Outcome
Claims rejected
Legal Topics
Refugee Protection, Convention Refugee, Non Refoulement, Credibility, Delay in Departure, Political Opinion, Persecution, Risk of Torture
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Refugee Protection Convention Refugee Non Refoulement Credibility +4 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision

Legal Issues

  1. 1 Whether claimants have a well-founded fear of persecution on a Convention ground in Colombia
  2. 2 Credibility of claimants' testimony and supporting documents
  3. 3 Whether delay in departure undermines subjective fear and whether claimants are persons in need of protection under s.97 IRPA

Ratio Decidendi

Adverse credibility findings based on internal inconsistencies and contradictions with credible country documentation, together with an unexplained delay in departure, mean the claimants failed to establish a well-founded fear of persecution on a Convention ground and failed to demonstrate they would more likely than not face torture, risk to life, or cruel and unusual treatment on return; therefore the claims are rejected under ss.96-97 IRPA.

Court Disposition

Claims rejected

Orders

  • The claims of XXXXX XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX XXXXX are rejected.