TB1-07491

TB1-07491

Claim dismissed because the tribunal found the claimant credible as to past domestic abuse but not credible on the pivotal events before flight (inconsistent accounts of attempted abduction and lack of clear description), the long unexplained delay in filing undermined the asserted fear, there was no persuasive...

Source-derived case information.

Citation
TB1-07491
Parties
Claimant: XXXXXXXXXXXXXXXXXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 April 2012
Procedural Posture
Refugee Protection (irpa S.96/97) / Hearing and Decision (refugee Protection Division)
Outcome
Refugee claim denied. Claimant found not to be a Convention refugee under s.96 and not a person in need of protection under s.97 of IRPA.
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Gender Related Persecution, Domestic Violence, Child Custody, Credibility, Delay in Making Claim, Attempted Abduction, Country Conditions
Source Language
english
Immigration Refugee Law Family Law Human Rights Refugee Protection Convention Refugee Person in Need of Protection Gender Related Persecution +6 more

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Summary, issues, holding and outcome

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Parties

XXXXXXXXXXXXXXXXXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection (irpa S.96/97) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 of IRPA
  3. 3 Credibility of alleged attempted abduction and related facts

Ratio Decidendi

Claim dismissed because the tribunal found the claimant credible as to past domestic abuse but not credible on the pivotal events before flight (inconsistent accounts of attempted abduction and lack of clear description), the long unexplained delay in filing undermined the asserted fear, there was no persuasive evidence of ongoing risk from the partner, and therefore on the balance of probabilities there is no well‑founded fear of persecution under s.96 nor a personal risk meeting s.97.

Court Disposition

Refugee claim denied. Claimant found not to be a Convention refugee under s.96 and not a person in need of protection under s.97 of IRPA.

Orders

  • Refugee claim denied
  • Claimant not granted protection under s.97 of IRPA