TB6-09207

TB6-09207

The claims are rejected because material omissions and contradictions central to the claim (including discrepancies about business involvement), together with unverified documentary evidence, letters from associates, and the failure to seek protection while in the United States, fatally undermine credibility;...

Source-derived case information.

Citation
TB6-09207
Parties
Principal Claimant: XXXX XXXX XXXX; Co Claimant (husband): XXXX XXXX XXXX; Minor Claimant (child): XXXX XXXX XXXX XXXX; Respondent: Minister of Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 September 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (reasons for Decision)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Refugee Protection, Convention Refugee, Credibility Assessment, State Protection, Failure to Seek Protection in a Third Country, Gender Related Persecution, Risk of Torture and Risk to Life
Source Language
english
Immigration Law Refugee Law Administrative Law Refugee Protection Convention Refugee Credibility Assessment State Protection Failure to Seek Protection in a Third Country +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Co Claimant (husband)

XXXX XXXX XXXX XXXX

Minor Claimant (child)

Minister of Immigration (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of IRPA
  2. 2 Whether claimants face a danger of torture or risk to life or cruel and unusual treatment under section 97 of IRPA
  3. 3 Whether the claimants' evidence is credible and trustworthy

Ratio Decidendi

The claims are rejected because material omissions and contradictions central to the claim (including discrepancies about business involvement), together with unverified documentary evidence, letters from associates, and the failure to seek protection while in the United States, fatally undermine credibility; accordingly the evidence does not establish a serious possibility of persecution under s.96 nor, on the balance of probabilities, a danger of torture or risk to life or cruel and unusual treatment under s.97.

Court Disposition

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

Orders

  • Refugee protection claims are rejected.