TB5-05112

TB5-05112

The panel found the principal claimant not credible due to material inconsistencies between his BoC, Port of Entry notes and testimony, amendments to sworn declarations, lack of corroborative documentation and implausible account of conversion; country evidence did not indicate a real risk to Shia converts in Kazakhstan; accordingly the claimants are neither Convention refugees nor persons in need of protection under ss.96 or 97(1) IRPA.

Citation
TB5-05112
Parties
Female Claimant: XXXX XXXX; Principal Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 November 2015
Procedural Posture
Refugee Protection (irpa Ss.96,97) / Hearing and Decision (final Decision)
Outcome
Claims dismissed; claimants are not Convention refugees and not persons in need of protection.
Legal Topics
Credibility, Persecution, Religion and Conversion, Burden of Proof, Corroboration, Country of Origin Information, Torture, Risk to Life, Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Persecution Religion and Conversion Burden of Proof Corroboration +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX

Female Claimant

XXXX XXXX

Principal Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection (irpa Ss.96,97) / Hearing and Decision (final Decision)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Credibility of the principal claimant and inconsistencies between BoC, POE notes and testimony

Ratio Decidendi

The panel found the principal claimant not credible due to material inconsistencies between his BoC, Port of Entry notes and testimony, amendments to sworn declarations, lack of corroborative documentation and implausible account of conversion; country evidence did not indicate a real risk to Shia converts in Kazakhstan; accordingly the claimants are neither Convention refugees nor persons in need of protection under ss.96 or 97(1) IRPA.

Court Disposition

Claims dismissed; claimants are not Convention refugees and not persons in need of protection.

Orders

  • Claimants' claims are rejected pursuant to section 96 of the Immigration and Refugee Protection Act
  • Claimants' claims are rejected pursuant to subsection 97(1) of the Immigration and Refugee Protection Act