MB7-04056

MB7-04056

The panel rejected the claims because the claimants’ account was not credible due to material contradictions, omissions and implausible conduct, documentary evidence failed to corroborate the allegations, and therefore the claimants did not discharge the burden to show a serious possibility of persecution or personal risk of torture or cruel treatment if returned to Haiti.

Citation
MB7-04056
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 July 2017
Procedural Posture
Refugee Protection (convention Refugee / Person in Need of Protection) / Decision
Outcome
Refugee protection claims rejected; claimants are not Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Persecution, Political Opinion, Gender Related Persecution, Risk of Torture and Cruel Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Persecution Political Opinion Gender Related Persecution Risk of Torture and Cruel Treatment

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (convention Refugee / Person in Need of Protection) / Decision

Legal Issues

  1. 1 Whether claimants face persecution on account of political opinion
  2. 2 Whether claimants were credible and discharged burden of proof
  3. 3 Whether claimants face risk of torture or cruel and unusual treatment

Ratio Decidendi

The panel rejected the claims because the claimants’ account was not credible due to material contradictions, omissions and implausible conduct, documentary evidence failed to corroborate the allegations, and therefore the claimants did not discharge the burden to show a serious possibility of persecution or personal risk of torture or cruel treatment if returned to Haiti.

Court Disposition

Refugee protection claims rejected; claimants are not Convention refugees nor persons in need of protection.

Orders

  • Refugee protection claims of XXXX XXXX and XXXX XXXX are rejected.