TB7-01709

TB7-01709

Material and central inconsistencies between the principal claimant's contemporaneous US credible fear interview and subsequent testimony and documents rebut the presumption of truth; the panel preferred the credible fear interview, found the alleged Attack fabricated, found no credible evidence that the ex-partner...

Source-derived case information.

Citation
TB7-01709
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 May 2017
Procedural Posture
Refugee Protection (irpa Sections 96 and 97(1)) / Final Decision (rpd)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Credibility Assessment, Nexus to Convention Ground, Risk of Torture or Cruel and Unusual Treatment, Family and Minor Claimant Risk, Chairperson's Guidelines on Women Refugee Claimants
Source Language
english
Immigration Law Refugee Protection Administrative Law Gender Based Violence Convention Refugee Credibility Assessment Nexus to Convention Ground Risk of Torture or Cruel and Unusual Treatment +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection (irpa Sections 96 and 97(1)) / Final Decision (rpd)

Legal Issues

  1. 1 Whether the claimants established a nexus between their fear and a Convention ground
  2. 2 Whether the principal claimant's account was credible
  3. 3 Whether there is a serious possibility of persecution on a Convention ground

Ratio Decidendi

Material and central inconsistencies between the principal claimant's contemporaneous US credible fear interview and subsequent testimony and documents rebut the presumption of truth; the panel preferred the credible fear interview, found the alleged Attack fabricated, found no credible evidence that the ex-partner is a gang member or that Mara 18 has a past or future interest in the claimants, and therefore concluded there is no serious possibility of persecution on a Convention ground nor a balance of probabilities risk of torture or death, so the claims fail.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee claims rejected