MB0-03291

MB0-03291

The decision turns on credibility: the hearing panel found major omissions and late, material amendments to the PIFs, implausible explanations for prior withdrawn family claims and inconsistencies about family ethnicity, and no independent evidence of Roma origin; on the balance of probabilities these credibility defects meant the claimant failed to prove she is a Convention refugee or person in need of protection.

Citation
MB0-03291
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 October 2012
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim dismissed; claimant found neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Ethnic Discrimination, Roma, Credibility and Consistency, Prior Withdrawn Refugee Application
Source Language
English
Refugee Law Immigration Administrative Law Discrimination Child Protection Convention Refugee Person in Need of Protection Ethnic Discrimination +3 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether claimant is of Roma ethnicity as alleged

Ratio Decidendi

The decision turns on credibility: the hearing panel found major omissions and late, material amendments to the PIFs, implausible explanations for prior withdrawn family claims and inconsistencies about family ethnicity, and no independent evidence of Roma origin; on the balance of probabilities these credibility defects meant the claimant failed to prove she is a Convention refugee or person in need of protection.

Court Disposition

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

Orders

  • Claim dismissed; claimant not a Convention refugee and not a person in need of protection