VB0-01270

VB0-01270

The claimants' allegations were not found credible due to multiple implausibilities, unexplained gaps, and lack of available corroboration; consequently the Board could not find a nexus to a Convention ground or a personal risk of persecution, torture or cruel treatment, and therefore rejected the claims under ss.96 and 97(1).

Citation
VB0-01270
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXXXXX; Associated Claimant: XXXXX XXXXXXXXXXXXXXXXXX; Minor Claimant: XXXXXXX XXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 August 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Hearing and Decision (reasons for Decision)
Outcome
Refugee claims rejected; claimants are not Convention refugees and not persons in need of protection under ss.96 or 97(1) of the Act
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility and Corroboration, Extortion, Risk Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility and Corroboration Extortion Risk Assessment

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Parties

XXXXXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXX XXXXXXXXXXXXXXXXXX

Associated Claimant

XXXXXXX XXXXXXXXXXX

Minor Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Hearing and Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees under ss.96
  2. 2 Whether claimants are persons in need of protection under s.97(1)
  3. 3 Whether claimants' evidence is credible and corroborated

Ratio Decidendi

The claimants' allegations were not found credible due to multiple implausibilities, unexplained gaps, and lack of available corroboration; consequently the Board could not find a nexus to a Convention ground or a personal risk of persecution, torture or cruel treatment, and therefore rejected the claims under ss.96 and 97(1).

Court Disposition

Refugee claims rejected; claimants are not Convention refugees and not persons in need of protection under ss.96 or 97(1) of the Act

Orders

  • Refugee protection claims dismissed
  • No protection granted under ss.96 or 97(1)