TB7-19479

TB7-19479

India is the country of reference; adult and minor claimants are Indian citizens and the principal claimant is eligible to acquire Indian citizenship but made no reasonable efforts (failed control test); significant omissions in the Basis of Claim and absence of objective evidence that TNTJ operates in India rebut credibility and remove any objective basis for a well-founded fear; therefore claims are rejected under IRPA ss.96 and 97(1).

Citation
TB7-19479
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Adult Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 December 2017
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97(1)) / Decision After Hearing (reasons and Decision Issued December 11, 2017)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Credibility, Country of Reference, State Protection, Citizenship Eligibility, Well Founded Fear, Objective Evidence, Religious Persecution
Source Language
English
Immigration Law Refugee Law Nationality/citizenship Law Administrative Law Credibility Country of Reference State Protection Citizenship Eligibility +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Adult Claimant

XXXX XXXX XXXX

Minor Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97(1)) / Decision After Hearing (reasons and Decision Issued December 11, 2017)

Legal Issues

  1. 1 Country of reference determination
  2. 2 Eligibility for Indian citizenship and the control test
  3. 3 Credibility of claimants based on omissions and lack of corroboration

Ratio Decidendi

India is the country of reference; adult and minor claimants are Indian citizens and the principal claimant is eligible to acquire Indian citizenship but made no reasonable efforts (failed control test); significant omissions in the Basis of Claim and absence of objective evidence that TNTJ operates in India rebut credibility and remove any objective basis for a well-founded fear; therefore claims are rejected under IRPA ss.96 and 97(1).

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection

Orders

  • Claims rejected by the Refugee Protection Division; decision dated December 11, 2017