MB7-06821

MB7-06821

The Panel rejected the claims because the principal claimant's evidence contained material inconsistencies and omissions across multiple prior statements and lacked sufficient corroboration; on credibility and evidentiary grounds she failed to establish a well-founded fear of persecution or a personal risk of torture, death or cruel and unusual treatment for herself or her son in Honduras, and the U.S. could provide protection to the U.S.-citizen minor.

Citation
MB7-06821
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Minor Claimant (son): XXXX XXXX XXXX XXXX; Minor Claimant (daughter): XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 April 2019
Procedural Posture
Refugee Protection Claim Under IRPA / Decision on Refugee Claim (reasons and Decision)
Outcome
Claims rejected
Legal Topics
Convention Refugee Determination, Credibility Assessment, Well Founded Fear, Gender Related Persecution, State Protection, Risk to Minors, U.s. Asylum Proceedings
Source Language
English
Immigration Law Refugee Law Human Rights Family Law Convention Refugee Determination Credibility Assessment Well Founded Fear Gender Related Persecution +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Minor Claimant (son)

XXXX XXXX XXXX XXXX

Minor Claimant (daughter)

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision on Refugee Claim (reasons 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 IRPA
  3. 3 Credibility of the principal claimant and consistency of statements

Ratio Decidendi

The Panel rejected the claims because the principal claimant's evidence contained material inconsistencies and omissions across multiple prior statements and lacked sufficient corroboration; on credibility and evidentiary grounds she failed to establish a well-founded fear of persecution or a personal risk of torture, death or cruel and unusual treatment for herself or her son in Honduras, and the U.S. could provide protection to the U.S.-citizen minor.

Court Disposition

Claims rejected

Orders

  • Claim for refugee protection rejected