TB2-09714

TB2-09714

The claimants' evidence was found not credible and insufficiently corroborated; the principal claimant's account that he signed over his company without any agreement that this would satisfy the extortion demands was implausible given his commercial sophistication and undermined the claim that the agents of harm would continue to pursue them. On the balance of probabilities the claimants failed to establish they would face death, cruel and unusual treatment or a danger of torture on return, and they did not establish nexus to a Convention ground; accordingly their claims under ss.96 and 97(1) IRPA are rejected.

Citation
TB2-09714
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 January 2015
Procedural Posture
Refugee Protection Claim (irpa S.96/97) / Decision Following Hearing
Outcome
Claims for refugee protection rejected; claimants are neither Convention refugees nor persons in need of protection under s.97(1) IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection (s.97(1)), Credibility Assessment, Non‑refoulement, Torture, State Protection, Corroboration
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection (s.97(1)) Credibility Assessment Non‑refoulement Torture +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa S.96/97) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees (nexus to protected ground)
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA (risk of death, cruel treatment or torture on return)
  3. 3 Credibility and corroboration of claimant evidence

Ratio Decidendi

The claimants' evidence was found not credible and insufficiently corroborated; the principal claimant's account that he signed over his company without any agreement that this would satisfy the extortion demands was implausible given his commercial sophistication and undermined the claim that the agents of harm would continue to pursue them. On the balance of probabilities the claimants failed to establish they would face death, cruel and unusual treatment or a danger of torture on return, and they did not establish nexus to a Convention ground; accordingly their claims under ss.96 and 97(1) IRPA are rejected.

Court Disposition

Claims for refugee protection rejected; claimants are neither Convention refugees nor persons in need of protection under s.97(1) IRPA.

Orders

  • Refugee protection claims dismissed
  • No grant of protection under s.96 or s.97(1) IRPA