MB0-06566

The panel rejected the claims because the claimants were not credible about their subjective fear; the lengthy delay in seeking protection, addition during hearing of the son's kidnapping allegation, travel history, possession of passports and visas, and acquittal on charges undermined any well-founded fear of persecution or risk of torture under ss.96-97 IRPA and Article 1 of the Convention Against Torture.

Citation: MB0-06566
Parties: Claimant: XXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 27 June 2012
Procedural Posture: Refugee Protection Claim / Decision After Hearing
Outcome: Refugee protection claims rejected
Legal Topics: Refugee Sur Place, Persecution, Torture, Credibility, Delay in Seeking Protection, Arbitrary Arrest and Detention, Kidnapping, Membership of a Particular Social Group (family)
Source Language: English

Immigration Law Refugee Law Human Rights Law International Law Refugee Sur Place Persecution Torture Credibility +4 more

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2

Parties

XXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

1 Whether claimants have a well-founded fear of persecution by reason of membership in a particular social group (family)
2 Whether claimants face a risk of torture or cruel and unusual treatment
3 Credibility of claimants' testimony and effect of delay in claiming protection

Ratio Decidendi

Court Disposition

Refugee protection claims rejected

Orders

Refugee protection claims of XXXXXXXXXXXX and XXXXXXXXXXXXXXXX are denied; claimants are not Convention refugees under section 96 IRPA and are not persons in need of protection under paragraphs 97(1)(a) and (b) IRPA