MB1-01669

MB1-01669

The claimant was found not credible because documentary evidence (passports, visa application signatures, receipt and letter dated before the alleged decision to force marriage) and lack of detail about imminent wedding preparations showed she participated in the visa process and undermined the forced marriage claim; therefore she failed to demonstrate a serious possibility of persecution or a balance of probabilities risk on return, and the claim is rejected.

Citation
MB1-01669
Parties
Claimant: XXXX XXXX alias XXXX XXXX; Respondent: Minister; Panel: Renée Bourque
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 September 2013
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Decision After De Novo Hearing
Outcome
Claim for refugee protection rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Forced Marriage, Particular Social Group, Credibility Assessment, Identity and Documents
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Forced Marriage Particular Social Group +2 more

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Parties

XXXX XXXX alias XXXX XXXX

Claimant

Minister

Respondent

Renée Bourque

Panel

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Decision After De Novo Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96
  2. 2 Whether claimant is a person in need of protection under subsection 97(1)
  3. 3 Credibility and identity of claimant

Ratio Decidendi

The claimant was found not credible because documentary evidence (passports, visa application signatures, receipt and letter dated before the alleged decision to force marriage) and lack of detail about imminent wedding preparations showed she participated in the visa process and undermined the forced marriage claim; therefore she failed to demonstrate a serious possibility of persecution or a balance of probabilities risk on return, and the claim is rejected.

Court Disposition

Claim for refugee protection rejected

Orders

  • Claim for refugee protection is rejected.