TB4-11972

TB4-11972

The Panel rejected the claims because it made adverse credibility findings based on material omissions and inconsistencies between the Basis of Claim forms, testimony and supporting documents; documentary items lacked independent corroboration; on the balance of probabilities the claimants failed to establish past persecution or a serious possibility of future persecution and therefore are neither Convention refugees nor persons in need of protection under s.97 IRPA.

Citation
TB4-11972
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 January 2015
Procedural Posture
Refugee Claim / Decision (reasons)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee Determination, Credibility Assessment, Persecution, State Protection, Roma Discrimination, Evidence Weight
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Determination Credibility Assessment Persecution State Protection +2 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Claimant

XXXX XXXX

Designated Representative

Minister (Canada)

Respondent

Procedural Posture

Refugee Claim / Decision (reasons)

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether claimants are persons in need of protection under s.97 IRPA
  3. 3 Credibility of claimants given omissions and inconsistencies in BOC and testimony

Ratio Decidendi

The Panel rejected the claims because it made adverse credibility findings based on material omissions and inconsistencies between the Basis of Claim forms, testimony and supporting documents; documentary items lacked independent corroboration; on the balance of probabilities the claimants failed to establish past persecution or a serious possibility of future persecution and therefore are neither Convention refugees nor persons in need of protection under s.97 IRPA.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Claims rejected; no protection granted to the claimants.