TB3-00680

TB3-00680

The panel rejected the claims because material inconsistencies, omissions and lack of reliable corroboration rendered the claimants' testimony not credible, and objective country documentation showed that while Alevis face some discrimination in Turkey this does not amount to persecution now; accordingly the claimants failed to establish a serious possibility of persecution or, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment.

Citation
TB3-00680
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXXXXXX XXXX; Claimant: XXXX XX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 July 2013
Procedural Posture
Refugee Protection (irpa) / Merits Hearing and Determination
Outcome
Claims rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Credibility Assessment, Persecution, Religion (alevi), Political Opinion, Membership in Political Party, Risk of Torture, Country Conditions, Corroboration
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Credibility Assessment Persecution Religion (alevi) Political Opinion +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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX

Claimant

XXXX XX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (irpa) / Merits Hearing and Determination

Legal Issues

  1. 1 Whether claimants established a well‑founded fear of persecution on Convention grounds (religion, political opinion)
  2. 2 Whether claimants would, on balance of probabilities, face torture, risk to life or cruel and unusual treatment on return
  3. 3 Credibility of claimants and reliability of testimony and documentary evidence

Ratio Decidendi

The panel rejected the claims because material inconsistencies, omissions and lack of reliable corroboration rendered the claimants' testimony not credible, and objective country documentation showed that while Alevis face some discrimination in Turkey this does not amount to persecution now; accordingly the claimants failed to establish a serious possibility of persecution or, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment.

Court Disposition

Claims rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • Claims rejected
  • No refugee protection or protection status granted to the claimants