TB5-14106

TB5-14106

The panel concluded that on a balance of probabilities the principal claimant's testimony contained material inconsistencies and omissions, negative inferences were properly drawn, corroborative evidence did not establish causation or the claimed risk, and the conscription fear was speculative; therefore there is no serious possibility of persecution or of risk of torture, death or cruel and unusual treatment and the claims must be rejected under ss.96 and 97(1).

Citation
TB5-14106
Parties
Principal Claimant: XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 May 2018
Procedural Posture
Refugee Protection Claim (irb Rpd) / Decision (reasons Delivered)
Outcome
Claims for refugee protection rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Status, Protection Against Torture, Conscription Risk, Political Opinion/persecution
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Protection Against Torture Conscription Risk Political Opinion/persecution

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associate Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irb Rpd) / Decision (reasons Delivered)

Legal Issues

  1. 1 Whether the claimants are credible
  2. 2 Whether the claimants meet the definition of a Convention refugee under s.96
  3. 3 Whether the claimants are persons in need of protection under s.97(1)

Ratio Decidendi

The panel concluded that on a balance of probabilities the principal claimant's testimony contained material inconsistencies and omissions, negative inferences were properly drawn, corroborative evidence did not establish causation or the claimed risk, and the conscription fear was speculative; therefore there is no serious possibility of persecution or of risk of torture, death or cruel and unusual treatment and the claims must be rejected under ss.96 and 97(1).

Court Disposition

Claims for refugee protection rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Claims for refugee protection dismissed