TB8-07458

TB8-07458

There is no nexus to a Convention ground and the claimants failed to provide credible, consistent and trustworthy evidence to show it is more likely than not they would face torture, death, or cruel and unusual treatment on return under s.97(1); adverse inferences from omissions, inconsistencies and unjustified delay, and failure to rebut state protection, are dispositive to dismiss the claim.

Citation
TB8-07458
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 February 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Reasons for Decision (decision Rendered)
Outcome
Claim dismissed; claimants are neither Convention refugees nor persons in need of protection under subsection 97(1).
Legal Topics
Convention Refugee, Person in Need of Protection S.97(1), State Protection, Credibility and Adverse Inferences, Risk Assessment, Gang Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection S.97(1) State Protection Credibility and Adverse Inferences +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Reasons for Decision (decision Rendered)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees (s.96)
  2. 2 Whether claimants are persons in need of protection under s.97(1)
  3. 3 Whether there is nexus between the claimed fear and a Convention ground

Ratio Decidendi

There is no nexus to a Convention ground and the claimants failed to provide credible, consistent and trustworthy evidence to show it is more likely than not they would face torture, death, or cruel and unusual treatment on return under s.97(1); adverse inferences from omissions, inconsistencies and unjustified delay, and failure to rebut state protection, are dispositive to dismiss the claim.

Court Disposition

Claim dismissed; claimants are neither Convention refugees nor persons in need of protection under subsection 97(1).