MB4-04098

Because the panel found the claimants' evidence not credible due to material omissions, inconsistencies and implausibilities and rejected key documents as unreliable, the claimants failed to prove a serious possibility of persecution or a balance of probabilities risk of torture or other protected harm; therefore the claims are rejected.

Citation: MB4-04098
Parties: Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 19 January 2015
Procedural Posture: Refugee Protection Claim Under IRPA / Hearing and Decision (claim Rejected)
Outcome: Refugee protection claims rejected; claimants are not Convention refugees or persons in need of protection.
Legal Topics: Credibility Assessment, Persecution, Ethnic Conflict, Imputed Political Opinion, Risk of Torture
Source Language: English

Immigration Law Refugee Law Asylum Credibility Assessment Persecution Ethnic Conflict Imputed Political Opinion Risk of Torture

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2

Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (claim Rejected)

Legal Issues

1 Whether the claimants are credible
2 Whether claimants discharged burden to show serious possibility of persecution
3 Whether nexus exists between alleged harm and Convention ground

Ratio Decidendi

Court Disposition

Refugee protection claims rejected; claimants are not Convention refugees or persons in need of protection.

Orders

Refugee protection claims of XXXX XXXX XXXX and XXXX XXXX XXXX are rejected