MB0-07742

MB0-07742

The panel rejected the claims because central allegations of persecution were not credible or corroborated, documentary evidence and claimants' socioeconomic indicators undermined the asserted vulnerability, and country information did not establish a risk of persecution or lack of state protection for similarly situated persons; on that basis there is no serious possibility of persecution and the claims fail.

Citation
MB0-07742
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXXXXXX XXXX; Claimant: XXXX XXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 October 2012
Procedural Posture
Refugee Protection (irpa S96, S97(1)) / Decision (post Hearing)
Outcome
claims rejected
Legal Topics
Membership of a Particular Social Group, Persecution, Credibility Assessment, Well Founded Fear, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Membership of a Particular Social Group Persecution Credibility Assessment Well Founded Fear State Protection

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX

Claimant

XXXX XXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa S96, S97(1)) / Decision (post Hearing)

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether principal claimant's membership in the Yibir constitutes a particular social group attracting persecution
  3. 3 Credibility of the claimants' factual allegations

Ratio Decidendi

The panel rejected the claims because central allegations of persecution were not credible or corroborated, documentary evidence and claimants' socioeconomic indicators undermined the asserted vulnerability, and country information did not establish a risk of persecution or lack of state protection for similarly situated persons; on that basis there is no serious possibility of persecution and the claims fail.

Court Disposition

claims rejected

Orders

  • All four refugee claims are rejected.