MA5-04581

MA5-04581

The claimants' applications are rejected because material inconsistencies between accounts, omissions of significant events, implausible conduct and documentary anomalies fatally undermined credibility; with credibility properly rejected, the supporting documents were given no probative weight and the statutory tests for Convention refugee or person in need of protection were not met.

Citation
MA5-04581
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant Minor Child: XXXXX XXXXX XXXXX XXXXX; Claimant Mother: XXXXX XXXXX XXXXX XXXXX XXXXX; Claimant's Counsel: Me Jennifer K. Roggemann; Refugee Protection Officer: Michel Byczak; Adjudicator: Me Sylvie Lévesque; Designated Representative: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 February 2007
Procedural Posture
Refugee Protection (asylum) Claim / Hearing and Final Decision
Outcome
Asylum claims rejected; claimants are not Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, State Protection, Delay in Seeking Protection, Persecution by Non State Actors, Documentary Inconsistencies
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment State Protection Delay in Seeking Protection +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant Minor Child

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant Mother

Me Jennifer K. Roggemann

Claimant's Counsel

Michel Byczak

Refugee Protection Officer

Me Sylvie Lévesque

Adjudicator

XXXXX XXXXX XXXXX XXXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection (asylum) Claim / Hearing and Final Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether the claimants are persons in need of protection under s.97 of the Immigration and Refugee Protection Act
  3. 3 Whether the claimants' evidence is credible and whether supporting documents have probative value

Ratio Decidendi

The claimants' applications are rejected because material inconsistencies between accounts, omissions of significant events, implausible conduct and documentary anomalies fatally undermined credibility; with credibility properly rejected, the supporting documents were given no probative weight and the statutory tests for Convention refugee or person in need of protection were not met.

Court Disposition

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

Orders

  • The refugee protection claims of the named claimants are rejected