TA6-13545

TA6-13545

A claim must be rejected where a claimant's core allegations are contradicted by their prior written statements and remain unexplained; conversely, where a claimant's membership in an opposition party is accepted and corroborated by credible objective evidence of state targeting and impunity, the claimant establishes a reasonable possibility of persecution and qualifies as a Convention refugee.

Citation
TA6-13545
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 February 2009
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (reasons and Decision)
Outcome
One claimant (mother, XXXXX XXXXX) rejected for lack of credibility; one claimant (daughter, XXXXX XXXXX) allowed and recognized as a Convention refugee.
Legal Topics
Refugee Protection, Political Participation, Political Activities, Credibility, Well Founded Fear of Persecution, Persecution for Political Opinion, Gender Based Violence, State Impunity, Membership in Political Party (udps), Arrest and Torture
Source Language
English
Immigration and Refugee Law Human Rights Refugee Protection Political Participation Political Activities Credibility Well Founded Fear of Persecution Persecution for Political Opinion +4 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimants face persecution for political opinion or membership in UDPS
  2. 2 Credibility of claimant testimony versus prior written statements
  3. 3 Assessment of objective country evidence regarding security forces' impunity and gendered violence

Ratio Decidendi

A claim must be rejected where a claimant's core allegations are contradicted by their prior written statements and remain unexplained; conversely, where a claimant's membership in an opposition party is accepted and corroborated by credible objective evidence of state targeting and impunity, the claimant establishes a reasonable possibility of persecution and qualifies as a Convention refugee.

Court Disposition

One claimant (mother, XXXXX XXXXX) rejected for lack of credibility; one claimant (daughter, XXXXX XXXXX) allowed and recognized as a Convention refugee.

Orders

  • The claim for refugee protection of XXXXX XXXXX is rejected; she is not a Convention refugee nor a person in need of protection.
  • The claim for refugee protection of XXXXX XXXXX is allowed and she is determined to be a Convention refugee.