TA9-18387

TA9-18387

The claims were dismissed because the Board found the claimants lacked credibility on material issues due to multiple pivotal omissions and contradictions, improper late disclosures of known historic events, failure to corroborate allegations, and the principal claimant's re‑availment to Albania, together producing no credible or trustworthy evidence that the claimants face persecution or a risk of serious harm in Greece or Albania.

Citation
TA9-18387
Parties
Principal Claimant: XXXXXX XXXXXX; Female Claimant (spouse): XXXXXX XXXXXX; Minor Claimant (daughter): XXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 August 2011
Procedural Posture
Refugee Protection Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division, Post Hearing Motion Considered)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Credibility, Disclosure, Late Filing, Re Availment, Dual Citizenship, Ethnic Discrimination, Gender Based Violence, Natural Justice
Source Language
English
Immigration Refugee Law Citizenship Law Administrative Law Refugee Protection Convention Refugee Person in Need of Protection Credibility +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXXXX XXXXXX

Principal Claimant

XXXXXX XXXXXX

Female Claimant (spouse)

XXX XXXXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division, Post Hearing Motion Considered)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under s.96 IRPA
  2. 2 Whether the claimants are persons in need of protection under s.97 IRPA
  3. 3 Assessment of credibility of the claimants

Ratio Decidendi

The claims were dismissed because the Board found the claimants lacked credibility on material issues due to multiple pivotal omissions and contradictions, improper late disclosures of known historic events, failure to corroborate allegations, and the principal claimant's re‑availment to Albania, together producing no credible or trustworthy evidence that the claimants face persecution or a risk of serious harm in Greece or Albania.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee protection claims denied under sections 96 and 97 of the IRPA; no referral or protection order granted