TB4-07527

TB4-07527

The Panel dismissed the refugee claims because the claimants failed to meet their burden: adverse credibility findings (including failure to seek asylum in the United States and inconsistencies in the evidence), lack of subjective fear, absence of evidence that the family would be personally at risk on return, and insufficient grounds to conclude a danger of torture; accordingly the claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1) IRPA.

Citation
TB4-07527
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX; Female Claimant (spouse): XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 November 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Hearing Concluded; Decision Rendered (reasons for Decision)
Outcome
Claims dismissed; claimants are not Convention refugees and not persons in need of protection.
Legal Topics
Refugee Protection, Credibility Assessment, Nexus to a Convention Ground, Particular Social Group, Asylum Claim Transit Country Behaviour, Risk of Torture, Subjective Fear
Source Language
English
Immigration and Refugee Law Administrative Law Refugee Protection Credibility Assessment Nexus to a Convention Ground Particular Social Group Asylum Claim Transit Country Behaviour Risk of Torture +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Female Claimant (spouse)

XXXX XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Hearing Concluded; Decision Rendered (reasons for Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97(1) IRPA
  3. 3 Whether claimants are members of a particular social group

Ratio Decidendi

The Panel dismissed the refugee claims because the claimants failed to meet their burden: adverse credibility findings (including failure to seek asylum in the United States and inconsistencies in the evidence), lack of subjective fear, absence of evidence that the family would be personally at risk on return, and insufficient grounds to conclude a danger of torture; accordingly the claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1) IRPA.

Court Disposition

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

Orders

  • Claims rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act