TB0-04250

TB0-04250

Because the claimants' testimony contained multiple material inconsistencies, evasions and implausible explanations regarding key events and documentary evidence (notably the alleged videos), the panel found them not credible on a balance of probabilities and therefore concluded they are neither Convention refugees nor persons in need of protection or at risk of torture if returned to Iran.

Citation
TB0-04250
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXXXXX; Spouse: XXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXXXXXXX)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 November 2011
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
claims rejected
Legal Topics
Credibility, Persecution, Torture, Risk to Life, Arbitrary Arrest and Detention, Documentary Corroboration, Interpreter Issues, Family Based Claims
Source Language
English
Immigration Refugee Law Human Rights Credibility Persecution Torture Risk to Life Arbitrary Arrest and Detention +3 more

Case Brief

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Parties

XXXXXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXX

Spouse

XXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXXXXXXX)

Minor Claimant

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 whether claimants have a well-founded fear of persecution on Convention grounds
  2. 2 credibility and consistency of oral testimony and documentary evidence
  3. 3 whether removal would expose claimants to risk of torture or cruel and unusual treatment

Ratio Decidendi

Because the claimants' testimony contained multiple material inconsistencies, evasions and implausible explanations regarding key events and documentary evidence (notably the alleged videos), the panel found them not credible on a balance of probabilities and therefore concluded they are neither Convention refugees nor persons in need of protection or at risk of torture if returned to Iran.

Court Disposition

claims rejected

Orders

  • Refugee protection claims rejected; no protection granted under ss.96 or 97(1) of the IRPA