TA7-11239

TA7-11239

The tribunal drew negative credibility inferences from material omissions in the Personal Information Form and inconsistent, non‑spontaneous testimony on core matters (witness interview, timing and content of complaints to authorities, motive for targeting); because the claimants failed to establish credibility, they failed to prove a serious possibility of persecution and the claims were rejected under ss.96 and 97(1) IRPA.

Citation
TA7-11239
Parties
Claimant: XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX XXXXX; Child: XXXXX XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 April 2008
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Claims rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act
Legal Topics
Credibility, Omissions in Personal Information Form, Threats/kidnapping/torture, State Protection, Negative Credibility Finding
Source Language
English
Immigration Law Refugee Law Human Rights Law Credibility Omissions in Personal Information Form Threats/kidnapping/torture State Protection Negative Credibility Finding

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX XXXXX XXXXX

Child

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant is a credible witness
  2. 2 Whether the claimant sought and was denied state protection
  3. 3 Whether there is a nexus between alleged harm and a Convention ground

Ratio Decidendi

The tribunal drew negative credibility inferences from material omissions in the Personal Information Form and inconsistent, non‑spontaneous testimony on core matters (witness interview, timing and content of complaints to authorities, motive for targeting); because the claimants failed to establish credibility, they failed to prove a serious possibility of persecution and the claims were rejected under ss.96 and 97(1) IRPA.

Court Disposition

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

Orders

  • Refugee claims of the claimant, spouse and child are refused; no protection granted