MB7-03777

MB7-03777

The Panel rejected the claimants' allegations as not credible on central matters (residence, participation in demonstrations, employment and timing) and concluded the record does not establish a nexus between any well‑founded fear and a Convention ground; mere Tutsi ethnicity or female sex, absent a political...

Source-derived case information.

Citation
MB7-03777
Parties
Claimant: XXXX XXXX; Spouse: XXXX XXXX; Child: XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 June 2017
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Refugee protection claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Persecution, Gender Based Violence, Ethnicity
Source Language
english
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Persecution Gender Based Violence +1 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Claimant

XXXX XXXX

Spouse

XXXX XXXX XXXX

Child

XXXX XXXX

Designated Representative

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the claimants are persons in need of protection under s.97(1) of the IRPA
  3. 3 Credibility of the claimants' testimony and documentary evidence

Ratio Decidendi

The Panel rejected the claimants' allegations as not credible on central matters (residence, participation in demonstrations, employment and timing) and concluded the record does not establish a nexus between any well‑founded fear and a Convention ground; mere Tutsi ethnicity or female sex, absent a political profile or other indicia making them targets, does not establish a serious possibility of persecution in their circumstances; accordingly the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim rejected
  • No protection granted