TB5-12402

TB5-12402

The claimants failed to establish the requisite subjective fear because their conduct (return to KSA, lawful stay in the US without seeking asylum, and failure to provide credible explanations or supporting evidence) justified an adverse inference as to their fear; accordingly their claims as Convention refugees and persons in need of protection are dismissed.

Citation
TB5-12402
Parties
Claimant: Principal claimant; Claimant: Female claimant (wife); Claimant: Minor claimant (daughter); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 January 2016
Procedural Posture
Refugee Protection (convention Refugee / Person in Need of Protection) / Decision (reasons and Decision)
Outcome
Claims dismissed; claimants are not Convention refugees and not persons in need of protection.
Legal Topics
Subjective Fear, Failure to Seek Protection in Another Country, Credibility and Delay, Habitual Residence, Safe Third Country Considerations
Source Language
English
Immigration Law Refugee Law Statelessness Administrative Law Subjective Fear Failure to Seek Protection in Another Country Credibility and Delay Habitual Residence +1 more

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Parties

Principal claimant

Claimant

Female claimant (wife)

Claimant

Minor claimant (daughter)

Claimant

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Requirement to establish subjective fear and objective basis for refugee status
  2. 2 Relevance of failure to seek asylum in a third country of temporary residence
  3. 3 Assessment of credibility based on conduct and delay

Ratio Decidendi

The claimants failed to establish the requisite subjective fear because their conduct (return to KSA, lawful stay in the US without seeking asylum, and failure to provide credible explanations or supporting evidence) justified an adverse inference as to their fear; accordingly their claims as Convention refugees and persons in need of protection are dismissed.

Court Disposition

Claims dismissed; claimants are not Convention refugees and not persons in need of protection.

Orders

  • Claims rejected; no protection granted.