TB7-16388

TB7-16388

The Panel accepted the claimants' identity as ethnic Tibetans born in India but found, applying Williams and Tretsetsang, that the claimants failed to establish a significant impediment to acquiring Indian citizenship and failed to make reasonable efforts to overcome alleged impediments; material omissions and lack of corroboration undermined credibility; consequently India is a country of reference and there is no well‑founded fear of persecution or risk of torture, death or cruel or unusual treatment, so the claims fail.

Citation
TB7-16388
Parties
Principal Claimant: XXXX XXXX; First Minor Claimant: XXXX XXXX; Second Minor Claimant: XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 June 2018
Procedural Posture
Refugee Protection Claim / Decision (reasons Issued)
Outcome
Claims rejected
Legal Topics
Country of Reference, Citizenship Acquisition, Credibility Findings, Well‑founded Fear of Persecution, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Country of Reference Citizenship Acquisition Credibility Findings Well‑founded Fear of Persecution State Protection

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

First Minor Claimant

XXXX XXXX

Second Minor Claimant

XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision (reasons Issued)

Legal Issues

  1. 1 Whether China or India is the appropriate country of reference
  2. 2 Whether claimants can acquire Indian citizenship or face a significant impediment
  3. 3 Whether claimants made reasonable efforts to obtain citizenship as required by Tretsetsang

Ratio Decidendi

The Panel accepted the claimants' identity as ethnic Tibetans born in India but found, applying Williams and Tretsetsang, that the claimants failed to establish a significant impediment to acquiring Indian citizenship and failed to make reasonable efforts to overcome alleged impediments; material omissions and lack of corroboration undermined credibility; consequently India is a country of reference and there is no well‑founded fear of persecution or risk of torture, death or cruel or unusual treatment, so the claims fail.

Court Disposition

Claims rejected

Orders

  • Claimants are not Convention refugees under section 96 of the IRPA and are not persons in need of protection under subsection 97(1) of the IRPA; claims dismissed