TA8-13026

TA8-13026

The claimants failed to prove on a balance of probabilities that they face a real risk of persecution because the principal claimant's credibility was undermined by significant omissions and inconsistencies in her Personal Information Form and testimony, and she did not discharge the heavy burden of providing clear and convincing evidence that Saint Lucia would be unable or unwilling to provide effective protection; therefore the claims fail under s.96 and s.97(1) IRPA.

Citation
TA8-13026
Parties
Claimant: XXXXX XXXXX XXXXX. XXXXX; Claimant (minor): XXXXX XXXXX XXXXX. XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 June 2010
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97(1)) / Hearing and Decision (refugee Protection Division)
Outcome
Refugee Protection Division rejects the claims; claimants are neither Convention refugees nor persons in need of protection under s.96 and s.97(1) IRPA.
Legal Topics
Domestic Violence, State Protection, Gender Based Persecution, Child Refugee, Credibility, Protection Orders, Personal Information Form Omissions
Source Language
English
Immigration and Refugee Law Human Rights Family Law Domestic Violence State Protection Gender Based Persecution Child Refugee Credibility +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX. XXXXX

Claimant

XXXXX XXXXX XXXXX. XXXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97(1)) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Credibility of the principal claimant's testimony and Personal Information Form

Ratio Decidendi

The claimants failed to prove on a balance of probabilities that they face a real risk of persecution because the principal claimant's credibility was undermined by significant omissions and inconsistencies in her Personal Information Form and testimony, and she did not discharge the heavy burden of providing clear and convincing evidence that Saint Lucia would be unable or unwilling to provide effective protection; therefore the claims fail under s.96 and s.97(1) IRPA.

Court Disposition

Refugee Protection Division rejects the claims; claimants are neither Convention refugees nor persons in need of protection under s.96 and s.97(1) IRPA.

Orders

  • Refugee Protection Division rejects the claims and dismisses the applications for refugee protection