MA8-10456

MA8-10456

The panel rejected the claimants' applications because it found the claimant not credible on essential elements (contradictions, false documents and admissions of lying), concluded the minor child can acquire South African citizenship, and determined on documentary evidence that South Africa offers adequate state protection; therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
MA8-10456
Parties
Claimant: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX; Designated Representative: XXXXX XXXXX; Panel Member: Me Louis Cousineau; Respondent: Government of Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 October 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearings and Evidence Review
Outcome
Refugee protection claims dismissed; claimants are not Convention refugees or persons in need of protection.
Legal Topics
Gender Based Persecution, Female Genital Mutilation, Domestic Violence, Rape, State Protection, Credibility Assessment, Citizenship by Descent, Child Protection
Source Language
English
Immigration Law Refugee Law Nationality Law Human Rights Law Administrative Law Gender Based Persecution Female Genital Mutilation Domestic Violence +5 more

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX

Minor Claimant

XXXXX XXXXX

Designated Representative

Me Louis Cousineau

Panel Member

Government of Canada

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearings and Evidence Review

Legal Issues

  1. 1 Nationality of claimant and minor child
  2. 2 Credibility of claimant's testimony and documentary evidence
  3. 3 Availability and adequacy of state protection in South Africa

Ratio Decidendi

The panel rejected the claimants' applications because it found the claimant not credible on essential elements (contradictions, false documents and admissions of lying), concluded the minor child can acquire South African citizenship, and determined on documentary evidence that South Africa offers adequate state protection; therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claims dismissed; claimants are not Convention refugees or persons in need of protection.

Orders

  • Refugee protection claim of XXXXX XXXXX and her minor son XXXXX XXXXX rejected