TB0-11796

TB0-11796

The panel rejected the claim because the claimant was found not credible due to material contradictions between statements and lack of corroborating evidence regarding alleged abuse and the existence and practices of the father's sect; on that basis there was no serious possibility of persecution or a personalized risk of cruel or unusual treatment, and the claim was dismissed.

Citation
TB0-11796
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXXXX; Respondent: Minister (Canada); Adjudicator: Michael S. McCaffrey
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 February 2012
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision of Refugee Protection Division After Hearing
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Gender Based Persecution, Religion, Particular Social Group, Vulnerable Persons Procedures, Order of Questioning, Risk of Torture
Source Language
English
Immigration and Refugee Law Refugee Protection Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Gender Based Persecution Religion +4 more

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Parties

XXXXXXXXXXXXXXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Michael S. McCaffrey

Adjudicator

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision of Refugee Protection Division After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee for reasons of religion or membership of a particular social group
  2. 2 Whether claimant is a person in need of protection (risk to life or risk of cruel and unusual treatment)
  3. 3 Whether claimant faces a danger of torture

Ratio Decidendi

The panel rejected the claim because the claimant was found not credible due to material contradictions between statements and lack of corroborating evidence regarding alleged abuse and the existence and practices of the father's sect; on that basis there was no serious possibility of persecution or a personalized risk of cruel or unusual treatment, and the claim was dismissed.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Refugee claim rejected and protection denied.
  • Application for procedural accommodation under the Vulnerable Persons Guideline (reverse order of questioning) dismissed as untimely and insufficiently documented.