TB4-10350

TB4-10350

The claims fail because the adverse treatment feared (detention or removal from the UAE for lack of lawful residence) flows from neutral immigration laws of general application rather than persecution for a Convention ground, the principal claimant's credibility is undermined by inconsistent statements and failure to seek asylum in the United States indicates lack of subjective fear, and the minor claimants retain a right of residence in the UAE until age 18; therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB4-10350
Parties
Principal Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 February 2015
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision
Outcome
Claims rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Country of Former Habitual Residence, Failure to Seek Protection in Transit Country, Laws of General Application Vs Persecution
Source Language
English
Immigration and Refugee Law Nationality and Statelessness Convention Refugee Person in Need of Protection Credibility Country of Former Habitual Residence Failure to Seek Protection in Transit Country Laws of General Application Vs Persecution

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether the harm feared is persecution for a Convention ground or a consequence of a neutral law of general application

Ratio Decidendi

The claims fail because the adverse treatment feared (detention or removal from the UAE for lack of lawful residence) flows from neutral immigration laws of general application rather than persecution for a Convention ground, the principal claimant's credibility is undermined by inconsistent statements and failure to seek asylum in the United States indicates lack of subjective fear, and the minor claimants retain a right of residence in the UAE until age 18; therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected

Orders

  • Refugee Protection Division rejects the claims for Convention refugee status and for persons in need of protection