TB6-11129

TB6-11129

The male claimant's credibility was negatively assessed and his behaviour and documentary record do not support a personalized, forward-looking risk from gangs; the female claimant's past sexual assault was found credible but she did not adduce evidence of a current personalized risk and failure to establish forward-looking risk means neither she nor the minors meet the definition of a Convention refugee or person in need of protection under ss.96 or 97 IRPA; compelling reasons exception under s.108(4) IRPA does not apply.

Citation
TB6-11129
Parties
Female Claimant / Designated Representative: XXXX XXXX XXXX XXXX; Male Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Counsel for the Claimants: Mary Jane Campigotto; Counsel for the Minister: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 December 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Reasons and Decision Issued (final)
Outcome
Claims rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Refugee Protection, Convention Refugee, Risk of Persecution, Credibility Assessment, Gender Based Persecution, Compelling Reasons Exception, Non Refoulement / Section 97
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Convention Refugee Risk of Persecution Credibility Assessment Gender Based Persecution +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Female Claimant / Designated Representative

XXXX XXXX XXXX XXXX

Male Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Mary Jane Campigotto

Counsel for the Claimants

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Reasons and Decision Issued (final)

Legal Issues

  1. 1 Whether claimants face a serious possibility of persecution on a Convention ground (s.96 IRPA)
  2. 2 Whether claimants face personal risk of torture, risk to life or cruel and unusual treatment (s.97(1) IRPA)
  3. 3 Credibility of the male claimant and its effect on the claims

Ratio Decidendi

The male claimant's credibility was negatively assessed and his behaviour and documentary record do not support a personalized, forward-looking risk from gangs; the female claimant's past sexual assault was found credible but she did not adduce evidence of a current personalized risk and failure to establish forward-looking risk means neither she nor the minors meet the definition of a Convention refugee or person in need of protection under ss.96 or 97 IRPA; compelling reasons exception under s.108(4) IRPA does not apply.

Court Disposition

Claims rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • Refugee protection claims of the four claimants are rejected (Reasons and Decision dated December 1, 2016)