TA5-04574

TA5-04574

The panel found the claimants failed to meet the onus of proof on a balance of probabilities because documentary and testimonial evidence was insufficient and not credible to establish citizenship, presence in Iran at the relevant time or a real risk of persecution; accordingly the claims were rejected and the claimants were not found to be Convention refugees or persons in need of protection.

Citation
TA5-04574
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 August 2006
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing and Negative Determination
Outcome
Negative determination: refugee protection claims dismissed
Legal Topics
Refugee Protection, Country of Origin, Credibility, Production of Documents, Onus of Proof, Passports, Travel Documents
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Country of Origin Credibility Production of Documents Onus of Proof +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing and Negative Determination

Legal Issues

  1. 1 Credibility of claimants' account
  2. 2 Citizenship and country of origin
  3. 3 Failure to produce passports and travel documents

Ratio Decidendi

The panel found the claimants failed to meet the onus of proof on a balance of probabilities because documentary and testimonial evidence was insufficient and not credible to establish citizenship, presence in Iran at the relevant time or a real risk of persecution; accordingly the claims were rejected and the claimants were not found to be Convention refugees or persons in need of protection.

Court Disposition

Negative determination: refugee protection claims dismissed

Orders

  • The refugee protection claims of XXXXX XXXXX XXXXX XXXXX, XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX are rejected