TB7-13104

TB7-13104

The Board found the claimant not credible due to vagueness, inconsistencies and material omissions, and concluded there was insufficient trustworthy evidence, on the balance of probabilities, to establish a serious possibility of persecution on Convention grounds or a risk to life or torture; the psychiatric report was given limited weight because it relied on the claimant's account; therefore the claimants are not Convention refugees nor persons in need of protection and the claim has no credible basis under s.107(2) IRPA.

Citation
TB7-13104
Parties
Claimant: XXXX XXXX XXXXXXXXXXXX XXXX (A.K.A. XXXX XXXX); Child Claimant: XXXX XXXX XXXX (A.K.A. XXXX XXXX XXXX); Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 June 2018
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97(1)) / Hearing and Final Decision (refugee Protection Division)
Outcome
Refugee protection claim dismissed; claimants are not Convention refugees and are not persons in need of protection; claim has no credible basis under section 107(2) IRPA.
Legal Topics
Credibility Assessment, Convention Refugee Determination, State Protection, Country Conditions, Expert Psychiatric Evidence, No Credible Basis (s.107(2) Irpa)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination State Protection Country Conditions Expert Psychiatric Evidence +1 more

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Parties

XXXX XXXX XXXXXXXXXXXX XXXX (A.K.A. XXXX XXXX)

Claimant

XXXX XXXX XXXX (A.K.A. XXXX XXXX XXXX)

Child Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97(1)) / Hearing and Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant faces a serious possibility of persecution on a Convention ground (ethnicity/political opinion/membership)
  2. 2 Whether the claimant and children face a risk to life or risk of cruel and unusual treatment or torture on return
  3. 3 Whether the claimant's testimony and documentary evidence are credible and reliable

Ratio Decidendi

The Board found the claimant not credible due to vagueness, inconsistencies and material omissions, and concluded there was insufficient trustworthy evidence, on the balance of probabilities, to establish a serious possibility of persecution on Convention grounds or a risk to life or torture; the psychiatric report was given limited weight because it relied on the claimant's account; therefore the claimants are not Convention refugees nor persons in need of protection and the claim has no credible basis under s.107(2) IRPA.

Court Disposition

Refugee protection claim dismissed; claimants are not Convention refugees and are not persons in need of protection; claim has no credible basis under section 107(2) IRPA.

Orders

  • Claim dismissed by the Refugee Protection Division
  • Subsection 107(2) IRPA applied (no credible basis)