TA5-08387

The decision rejects the claims because the tribunal found material contradictions in testimony, concluded documentary and medical evidence were unreliable or uncorroborated, drew negative inferences, and therefore found no serious possibility of persecution or other protection grounds; consequently the claimants are neither Convention refugees nor persons in need of protection.

Citation: TA5-08387
Parties: Claimant: XXXXX XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 1 August 2006
Procedural Posture: Refugee Protection Claim / Decision Issued After Hearing
Outcome: Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics: Credibility, Corroboration, Sexual Orientation, Social Group, Sexual Assault, Medical Evidence, Psychological Reports, Negative Inference, Convention Refugee, Person in Need of Protection
Source Language: English

Refugee Law Immigration Gender Based Persecution Human Rights Evidence Law Credibility Corroboration Sexual Orientation +7 more

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Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2

Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision Issued After Hearing

Legal Issues

1 Whether the claimants are Convention refugees
2 Whether the claimants are persons in need of protection
3 Credibility of the claimants' testimony

Ratio Decidendi

Court Disposition

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

Orders

Refugee Protection Division rejects the refugee protection claims of XXXXX XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX XXXXX