MB7-04711

MB7-04711

The panel found the claimants' accounts not credible due to multiple objective inconsistencies and suspicious documentation, concluded they likely fabricated or manipulated Colombian complaints and protection applications, gave no weight to the alleged measures taken in Colombia, and thus determined the claimants failed to prove a serious possibility of persecution on Convention grounds or a risk under s.97(1); therefore the refugee protection claims are rejected.

Citation
MB7-04711
Parties
Claimant (male): XXXX XXXX XXXX XXXX; Claimant (female) / Designated Representative for Minor: XXXX XXXX XXXX XXXX; Claimant (minor): XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 January 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Final Decision
Outcome
Refugee protection claims rejected
Legal Topics
Convention Refugee Determination, Person in Need of Protection, Credibility Assessment, State Protection / Internal Flight Alternative, Documentary Evidence Authenticity, Rule 27 Notice
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence and Credibility Convention Refugee Determination Person in Need of Protection Credibility Assessment State Protection / Internal Flight Alternative +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant (male)

XXXX XXXX XXXX XXXX

Claimant (female) / Designated Representative for Minor

XXXX XXXX XXXX

Claimant (minor)

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Final Decision

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the Act
  2. 2 Whether claimants are persons in need of protection under subsection 97(1) of the Act
  3. 3 Credibility and authenticity of complaints and supporting documents

Ratio Decidendi

The panel found the claimants' accounts not credible due to multiple objective inconsistencies and suspicious documentation, concluded they likely fabricated or manipulated Colombian complaints and protection applications, gave no weight to the alleged measures taken in Colombia, and thus determined the claimants failed to prove a serious possibility of persecution on Convention grounds or a risk under s.97(1); therefore the refugee protection claims are rejected.

Court Disposition

Refugee protection claims rejected

Orders

  • Refugee protection claims under section 96 and subsection 97(1) of the Immigration and Refugee Protection Act are rejected