TA7-04379

TA7-04379

The claimants' core allegations were not credible and lacked independent corroboration; material inconsistencies (including prior U.S. asylum denials) and failure to prove that the female claimant or her mother had a profile likely to attract targeted FARC persecution meant the claimants did not establish, on the balance of probabilities, a serious possibility of persecution or risk to life, cruel and unusual treatment, or torture; therefore the claims must be rejected.

Citation
TA7-04379
Parties
Claimant (principal): XXXXX XXXXX XXXXX XXXXX; Claimant (female): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 May 2008
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision on the Merits (reasons and Decision)
Outcome
Claims dismissed; claimants are not Convention refugees and are not persons in need of protection.
Legal Topics
Refugee Protection, Convention Refugee, Protection Elsewhere, Social Group, Political Opinion, Persecution, Credibility and Corroboration, Harassment by Non‑state Actors, Indiscriminate Harm, Risk to Life, Torture
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Convention Refugee Protection Elsewhere Social Group Political Opinion +6 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant (principal)

XXXXX XXXXX XXXXX XXXXX

Claimant (female)

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision on the Merits (reasons and Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether claimants are persons in need of protection
  3. 3 Whether claimants established a well‑founded fear of persecution for Convention reasons

Ratio Decidendi

The claimants' core allegations were not credible and lacked independent corroboration; material inconsistencies (including prior U.S. asylum denials) and failure to prove that the female claimant or her mother had a profile likely to attract targeted FARC persecution meant the claimants did not establish, on the balance of probabilities, a serious possibility of persecution or risk to life, cruel and unusual treatment, or torture; therefore the claims must be rejected.

Court Disposition

Claims dismissed; claimants are not Convention refugees and are not persons in need of protection.

Orders

  • Claimants' refugee protection claims are dismissed
  • No protection is granted