TB6-17618

TB6-17618

The panel established identity for the Pakistanborn claimants and US‑born minor. The principal claimant's evidence was assessed as not credible due to material inconsistencies between his BOC and oral testimony, evolving testimony about who was threatened, unexplained omissions about repeated threatening calls and...

Source-derived case information.

Citation
TB6-17618
Parties
Principal Claimant: XXXX XXXX; Spouse: XXXX XXXX; Minor Claimants: XXXX XXXX XXXX; XXXX XXXX XXXX; Respondent: Minister (Government of Canada); Designated Representative: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 October 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refusal)
Outcome
Claims for refugee protection dismissed
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Internal Flight Alternative, Well Founded Fear, Non‑refoulement
Source Language
english
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Internal Flight Alternative Well Founded Fear +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Spouse

XXXX XXXX XXXX; XXXX XXXX XXXX

Minor Claimants

Minister (Government of Canada)

Respondent

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refusal)

Legal Issues

  1. 1 Identity of claimants
  2. 2 Credibility of principal claimant
  3. 3 Whether claimants are Convention refugees under s.96 IRPA

Ratio Decidendi

The panel established identity for the Pakistanborn claimants and US‑born minor. The principal claimant's evidence was assessed as not credible due to material inconsistencies between his BOC and oral testimony, evolving testimony about who was threatened, unexplained omissions about repeated threatening calls and residence history, unreasonable delay in departing Pakistan despite alleged death threats, travel to the United States without claiming asylum, and lack of reliable corroboration. The dispute is characterized as a private property/family conflict resolved in part by a Jirga; it does not ground persecution on a Convention ground and the claimants have no forward‑facing risk....

Court Disposition

Claims for refugee protection dismissed

Orders

  • Claims rejected pursuant to section 96 of the Immigration and Refugee Protection Act
  • Claims rejected pursuant to section 97(1) of the Immigration and Refugee Protection Act