TA8-08968

TA8-08968

The claims were rejected because the sole source of evidence (the mother) was found not credible due to inconsistencies, omissions, failure to produce corroborating documents, and re‑availment/delay that defeat a subjective well‑founded fear; general country reports did not establish a personalized risk for these minors.

Citation
TA8-08968
Parties
Minor Claimant: XXXXX XXXXX XXXXX; Witness/mother: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 July 2010
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97) / Refugee Protection Division Hearing — Decision
Outcome
Claims dismissed; minor claimants found neither Convention refugees nor persons in need of protection.
Legal Topics
Refugee Protection, Credibility Findings, Re‑availment, Delay in Making Claim, Minor Claimants, Country Conditions, Adverse Inference for Non‑production of Evidence
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Credibility Findings Re‑availment Delay in Making Claim Minor Claimants +2 more

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Parties

XXXXX XXXXX XXXXX

Minor Claimant

XXXXX XXXXX

Witness/mother

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Refugee Protection Division Hearing — Decision

Legal Issues

  1. 1 Whether the minor claimants are Convention refugees
  2. 2 Whether the minor claimants are persons in need of protection
  3. 3 Whether the witness's evidence is credible and trustworthy

Ratio Decidendi

The claims were rejected because the sole source of evidence (the mother) was found not credible due to inconsistencies, omissions, failure to produce corroborating documents, and re‑availment/delay that defeat a subjective well‑founded fear; general country reports did not establish a personalized risk for these minors.

Court Disposition

Claims dismissed; minor claimants found neither Convention refugees nor persons in need of protection.

Orders

  • Claims of the minor claimants are rejected.
  • Per IRPA s.107(2) the Board states there is no credible basis for these claims.