TA8-08432

TA8-08432

On the balance of probabilities the panel found pervasive inconsistencies, omissions and misrepresentations in the claimants' testimony and documentary record; medical and counselling letters were not sufficiently probative or linked to the alleged events; Greece (and Georgia as applicable) offers reasonably available state protection; accordingly the claimants are neither Convention refugees nor persons in need of protection and their claims are rejected.

Citation
TA8-08432
Parties
Principal Claimant (asylum Claimant): XXXX XXXX XX; Co Claimant (husband): XXXXXX XXXX XXX; Co Claimant (minor Daughter): XXXXXX XXXXX (a.k.a. XXXX XXXX)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 October 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (s.96 and S.97(1)) / Decision Following Hearing (reasons and Decision)
Outcome
Claims rejected
Legal Topics
Credibility Findings, State Protection Assessment, Gender Related Persecution Considerations, Evidence Weighting (medical/psychological Reports), Misrepresentation, Failure/delay to Seek Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings State Protection Assessment Gender Related Persecution Considerations Evidence Weighting (medical/psychological Reports) Misrepresentation +1 more

Case Brief

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Parties

XXXX XXXX XX

Principal Claimant (asylum Claimant)

XXXXXX XXXX XXX

Co Claimant (husband)

XXXXXX XXXXX (a.k.a. XXXX XXXX)

Co Claimant (minor Daughter)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (s.96 and S.97(1)) / Decision Following Hearing (reasons and Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees within meaning of IRPA
  2. 2 Whether claimants are persons in need of protection under IRPA ss.97(1)
  3. 3 Whether state protection in Greece/Georgia is available and adequate

Ratio Decidendi

On the balance of probabilities the panel found pervasive inconsistencies, omissions and misrepresentations in the claimants' testimony and documentary record; medical and counselling letters were not sufficiently probative or linked to the alleged events; Greece (and Georgia as applicable) offers reasonably available state protection; accordingly the claimants are neither Convention refugees nor persons in need of protection and their claims are rejected.

Court Disposition

Claims rejected

Orders

  • Refugee protection claims of the principal, male and minor claimants are rejected by the Board (decision dated October 26, 2012)