TA9-08118
On the balance of probabilities the claimants' testimony and supporting documents were not credible or sufficiently corroborated, material inconsistencies and document irregularities defeated their allegations of being pursued or at risk of persecution in Turkey; therefore they are neither Convention refugees nor persons in need of protection under IRPA.
- Citation
- TA9-08118
- Parties
- Claimant (female): XXXX XXXX XXXXXXXX XXXX; Claimant (son): XXXX XXXX
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 2 August 2012
- Procedural Posture
- Refugee Protection Claim / Merits Hearing and Decision
- Outcome
- claims rejected
- Legal Topics
- Asylum, Credibility Assessment, Documentary Authenticity, Gender Guidelines, Persecution Risk, Torture and Cruel Treatment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXXXXXX XXXX
Claimant (female)
XXXX XXXX
Claimant (son)
Procedural Posture
Refugee Protection Claim / Merits Hearing and Decision
Legal Issues
- 1 whether claimants are Convention refugees under section 96 IRPA
- 2 whether claimants are persons in need of protection under subsection 97(1) IRPA
- 3 assessment of credibility and authenticity of documentary evidence
Ratio Decidendi
On the balance of probabilities the claimants' testimony and supporting documents were not credible or sufficiently corroborated, material inconsistencies and document irregularities defeated their allegations of being pursued or at risk of persecution in Turkey; therefore they are neither Convention refugees nor persons in need of protection under IRPA.
Court Disposition
claims rejected
Orders
- Refugee protection claims rejected
- No protection granted under section 96 or subsection 97(1) of the Immigration and Refugee Protection Act
Full Case Text
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