TB5-12442

TB5-12442

The panel made a global credibility finding that the father's evidence was not credible; because his testimony was the only link between documentary material and alleged persecution and no independent credible documentary evidence could sustain the claims, the Panel found the claims had no credible basis under s.107(2) IRPA and rejected them.

Citation
TB5-12442
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 November 2016
Procedural Posture
Refugee Claim (minors) / Decision Following Hearing
Outcome
Claims rejected; no credible basis under s.107(2) of the Immigration and Refugee Protection Act
Legal Topics
No Credible Basis Finding, Credibility Assessment, Delay in Claiming, Child Claimant Procedural Protections, Recusal/bias Application
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law No Credible Basis Finding Credibility Assessment Delay in Claiming Child Claimant Procedural Protections Recusal/bias Application

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Claimant

XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Claim (minors) / Decision Following Hearing

Legal Issues

  1. 1 Whether the evidence (primarily father’s testimony) is credible
  2. 2 Whether delay in claiming and failure to extend status undermines credibility
  3. 3 Whether documentary evidence independently supports a positive determination

Ratio Decidendi

The panel made a global credibility finding that the father's evidence was not credible; because his testimony was the only link between documentary material and alleged persecution and no independent credible documentary evidence could sustain the claims, the Panel found the claims had no credible basis under s.107(2) IRPA and rejected them.

Court Disposition

Claims rejected; no credible basis under s.107(2) of the Immigration and Refugee Protection Act

Orders

  • Claims rejected
  • Decision and reasons issued November 4, 2016