MB0-05166

MB0-05166

Claim dismissed because Tribunal found claimant testimony lacked credibility and plausibility and the incidents alleged amounted to harassment rather than persecution; there was no well‑founded fear or serious possibility of persecution or risk to life/torture, and an internal flight alternative existed.

Source-derived case information.

Citation
MB0-05166
Parties
Principal Claimant: XXXX XXXX; Claimant — Mother: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 July 2011
Procedural Posture
Refugee Protection — Convention Refugee and Person in Need of Protection Claim / Merits Hearing and Decision (refugee Protection Division)
Outcome
Claims dismissed — not Convention refugees and not persons in need of protection
Legal Topics
Refugee Protection Division, Internal Conflict, Civil War, Arbitrary Arrest and Detention, Harassment, Internal Flight Alternative, Females, Negative Decision, Lebanon
Source Language
english
Immigration Refugee Law Administrative Law Refugee Protection Division Internal Conflict Civil War Arbitrary Arrest and Detention Harassment +4 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Claimant — Mother

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection — Convention Refugee and Person in Need of Protection Claim / Merits Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96
  2. 2 Whether claimants are persons in need of protection under s.97(1)
  3. 3 Credibility and plausibility of claimant evidence

Ratio Decidendi

Claim dismissed because Tribunal found claimant testimony lacked credibility and plausibility and the incidents alleged amounted to harassment rather than persecution; there was no well‑founded fear or serious possibility of persecution or risk to life/torture, and an internal flight alternative existed.

Court Disposition

Claims dismissed — not Convention refugees and not persons in need of protection

Orders

  • Refugee protection claims of XXXX XXXX and XXXX XXXX denied under s.96 and s.97(1) of the Immigration and Refugee Protection Act