TB1-00842

TB1-00842

The claims were rejected because the tribunal found, on the balance of probabilities, that the claimants failed to provide sufficient credible and independent corroboration of the alleged ongoing risk, their re-availment to Portugal and delay in filing undermined the claimed fear, and there was no clear and convincing evidence that the Portuguese state would be unable or unwilling to protect them as required under sections 96 and 97 of the IRPA.

Citation
TB1-00842
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXX XXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 April 2012
Procedural Posture
Refugee Protection Division Claim / Decision (merits)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of Canada's protection
Legal Topics
Domestic Violence, Gender Based Persecution, Child Refugee, State Protection, Re Availment, Delay in Making Claim, Production of Documents
Source Language
English
Immigration and Refugee Law Refugee Protection Family Law Evidence and Procedure Country Condition Assessment Domestic Violence Gender Based Persecution Child Refugee +4 more

Case Brief

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Parties

XXXXXXXXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXX XXXXXXXXX

Minor Claimant

Procedural Posture

Refugee Protection Division Claim / Decision (merits)

Legal Issues

  1. 1 Whether claimants have a well-founded fear of persecution for Convention reasons
  2. 2 Whether there is a real risk of cruel or unusual treatment, torture, or risk to life
  3. 3 Whether the Portuguese state is unable or unwilling to provide protection

Ratio Decidendi

The claims were rejected because the tribunal found, on the balance of probabilities, that the claimants failed to provide sufficient credible and independent corroboration of the alleged ongoing risk, their re-availment to Portugal and delay in filing undermined the claimed fear, and there was no clear and convincing evidence that the Portuguese state would be unable or unwilling to protect them as required under sections 96 and 97 of the IRPA.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of Canada's protection

Orders

  • Refugee Protection Division rejects the claims of the principal and minor claimants (Decision dated April 18, 2012)