TB1-05686

TB1-05686

The claimant's evidence contained significant inconsistencies, lacked corroboration for key allegations (police reports, medical records, explanation of travels and finances), and her conduct (delay in claiming, returns to alleged risk) undermined subjective fear; country and documentary evidence indicated available state protection in Italy and insufficient evidence of systematic impunity by the alleged actors in Cameroon; therefore on balance of probabilities the claimants failed to establish they are Convention refugees or persons in need of protection.

Citation
TB1-05686
Parties
Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Presiding Member: Judy Lewis; Designated Representative: XXXX XXXX XXXX; Counsel for the Minister: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 January 2014
Procedural Posture
Refugee Protection Claim / Hearing and Decision (reasons and Decision Issued)
Outcome
Claims rejected; claimants are not Convention refugees nor persons in need of protection
Legal Topics
Domestic Violence, Female Genital Mutilation (fgm/c), Particular Social Group, State Protection, Credibility, Delay in Claiming Asylum, Well Founded Fear
Source Language
English
Immigration Refugee Law Family Law Human Rights Domestic Violence Female Genital Mutilation (fgm/c) Particular Social Group State Protection +3 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Minor Claimant

Judy Lewis

Presiding Member

XXXX XXXX XXXX

Designated Representative

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Claim / Hearing and Decision (reasons and Decision Issued)

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether claimants are persons in need of protection
  3. 3 Credibility of the principal claimant

Ratio Decidendi

The claimant's evidence contained significant inconsistencies, lacked corroboration for key allegations (police reports, medical records, explanation of travels and finances), and her conduct (delay in claiming, returns to alleged risk) undermined subjective fear; country and documentary evidence indicated available state protection in Italy and insufficient evidence of systematic impunity by the alleged actors in Cameroon; therefore on balance of probabilities the claimants failed to establish they are Convention refugees or persons in need of protection.

Court Disposition

Claims rejected; claimants are not Convention refugees nor persons in need of protection

Orders

  • The refugee protection claims of XXXX XXXX XXXX and XXXX XXXX XXXX are rejected