TB7-20375

TB7-20375

The panel found pervasive credibility defects, internal inconsistencies and unreliable documentary evidence such that the claimants failed to establish a credible political profile or that they were targeted on a Convention ground; accordingly, on the balance of probabilities the claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA and their claims are denied.

Citation
TB7-20375
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 June 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 and 97(1)) / Hearing Concluded and Decision Issued (hearings Jan–may 2019; Decision June 7, 2019)
Outcome
Claims for refugee protection denied
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Political Opinion, Persecution, Corroboration of Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Political Opinion Persecution +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Immigration)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 and 97(1)) / Hearing Concluded and Decision Issued (hearings Jan–may 2019; Decision June 7, 2019)

Legal Issues

  1. 1 Whether claimants are Convention refugees (s.96 IRPA)
  2. 2 Whether claimants are persons in need of protection (s.97(1) IRPA)
  3. 3 Credibility and identity of claimants

Ratio Decidendi

The panel found pervasive credibility defects, internal inconsistencies and unreliable documentary evidence such that the claimants failed to establish a credible political profile or that they were targeted on a Convention ground; accordingly, on the balance of probabilities the claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA and their claims are denied.

Court Disposition

Claims for refugee protection denied

Orders

  • Claimants' refugee protection claims are dismissed; claimants are not found to be Convention refugees under s.96 IRPA nor persons in need of protection under s.97(1) IRPA