TB5-08633

TB5-08633

The panel concluded on the balance of probabilities that the principal claimant's testimony and supporting documents were not credible or trustworthy, that the alleged pregnancy and forced abortion were not established and the documents lacked verifiable security features and could be fraudulent; therefore the claimants failed to demonstrate a serious possibility of persecution or a personalized risk of torture or cruel and unusual treatment, and are neither Convention refugees nor persons in need of protection.

Citation
TB5-08633
Parties
Principal Claimant: XXXX XXXX XXXX XXXXXXXXXXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 October 2015
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Refugee claim dismissed; claimants are neither Convention refugees nor persons in need of protection; no credible basis found for subsection 107(2) intervention.
Legal Topics
Forced Abortion, Forcible Sterilization, Credibility Assessment, Exclusion (article 1 F(b)), Subsection 107(2) Credible Basis, Risk of Torture
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Gender Related Claims Forced Abortion Forcible Sterilization Credibility Assessment +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXXXXXXXXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the principal claimant was subjected to a forced abortion
  2. 2 Whether the claimants face a personalized risk of forcible sterilization on return
  3. 3 Whether the documentary evidence is genuine and corroborates the claim

Ratio Decidendi

The panel concluded on the balance of probabilities that the principal claimant's testimony and supporting documents were not credible or trustworthy, that the alleged pregnancy and forced abortion were not established and the documents lacked verifiable security features and could be fraudulent; therefore the claimants failed to demonstrate a serious possibility of persecution or a personalized risk of torture or cruel and unusual treatment, and are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee claim dismissed; claimants are neither Convention refugees nor persons in need of protection; no credible basis found for subsection 107(2) intervention.

Orders

  • Claim dismissed under sections 96 and 97 of the Immigration and Refugee Protection Act
  • Minor claimant's claim dismissed as derivative of principal claimant's claim