TA0-09408

TA0-09408

Panel concluded claimants are not Convention refugees because the adult claimant's credibility was fundamentally undermined by inconsistent accounts, omissions and deceptive conduct (including airport lies, internet reavailment and delay), which together defeated the claim of a current well‑founded fear; psychological/psychiatric reports were based on incomplete information and not determinative; Article 1F(b) exclusion was not established and did not affect the decision on inclusion.

Citation
TA0-09408
Parties
Claimant (adult): XXXXXXXXXXXXXXXXXXX; Claimant (minor): XXXXXXXXXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 January 2003
Procedural Posture
Convention Refugee Claim (refugee Protection Division Under the Immigration Act) / Hearing and Final Decision (june 12 and July 2, 2002; Decision January 28, 2003)
Outcome
Claims dismissed; claimants are not Convention refugees under subsection 2(1) of the Immigration Act.
Legal Topics
Gender Related Persecution, Domestic Violence, Particular Social Group, Exclusion (article 1 F(b)), Credibility, Delay and Reavailment, Child Custody/abduction
Source Language
English
Immigration Law Refugee Law Family Law International Law Gender Related Persecution Domestic Violence Particular Social Group Exclusion (article 1 F(b)) +3 more

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Parties

XXXXXXXXXXXXXXXXXXX

Claimant (adult)

XXXXXXXXXXXXXXXXXXXXX

Claimant (minor)

Minister

Respondent

Procedural Posture

Convention Refugee Claim (refugee Protection Division Under the Immigration Act) / Hearing and Final Decision (june 12 and July 2, 2002; Decision January 28, 2003)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Credibility of the adult claimant given inconsistent statements and airport conduct
  3. 3 Whether removal of the minor triggers exclusion under Article 1F(b) (kidnapping/serious non-political crime)

Ratio Decidendi

Panel concluded claimants are not Convention refugees because the adult claimant's credibility was fundamentally undermined by inconsistent accounts, omissions and deceptive conduct (including airport lies, internet reavailment and delay), which together defeated the claim of a current well‑founded fear; psychological/psychiatric reports were based on incomplete information and not determinative; Article 1F(b) exclusion was not established and did not affect the decision on inclusion.

Court Disposition

Claims dismissed; claimants are not Convention refugees under subsection 2(1) of the Immigration Act.

Orders

  • Decision dated January 28, 2003 denying refugee protection to both claimants
  • No Article 1F(b) exclusion was applied as a basis for rejection of the claims