MA8-06534

MA8-06534

Claim rejected because the claimant's evidence and testimony were not credible on central matters, claimant did not demonstrate seeking or inability to obtain state protection, documentary country evidence showed significant improvement in security and no nexus to Convention grounds, therefore claimants are not Convention refugees nor persons in need of protection.

Citation
MA8-06534
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 May 2010
Procedural Posture
Refugee Protection Claim / Decision (merits)
Outcome
Refugee protection claim rejected
Legal Topics
Refugee Protection, Convention Refugee, State Protection, Extortion, Internal Flight Alternative, Credibility Assessment, Change of Circumstances in Home Country
Source Language
English
Immigration Refugee Law Administrative Law Country Conditions Refugee Protection Convention Refugee State Protection Extortion +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (merits)

Legal Issues

  1. 1 Whether claimants are Convention refugees or persons in need of protection
  2. 2 Credibility of claimant's core factual assertions (business activity and payments)
  3. 3 Whether effective state protection was available and was sought

Ratio Decidendi

Claim rejected because the claimant's evidence and testimony were not credible on central matters, claimant did not demonstrate seeking or inability to obtain state protection, documentary country evidence showed significant improvement in security and no nexus to Convention grounds, therefore claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim rejected
  • Claimants are not Convention refugees or persons in need of protection