TB1-10419

TB1-10419

The panel concluded that the claimant's central allegations were not credible and lacked corroboration, the claimant failed to establish a subjective fear reasonably founded in objective evidence, and adequate state protection was available in El Salvador; therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA.

Citation
TB1-10419
Parties
Claimant: XXXX XXXX XXXX et al.; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 January 2013
Procedural Posture
Refugee Protection (irpa) / Decision (refugee Protection Division)
Outcome
Refugee claim rejected
Legal Topics
Convention Refugee, State Protection, Credibility and Corroboration, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee State Protection Credibility and Corroboration Burden of Proof

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Parties

XXXX XXXX XXXX et al.

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection (irpa) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Credibility of claimant's account and corroboration

Ratio Decidendi

The panel concluded that the claimant's central allegations were not credible and lacked corroboration, the claimant failed to establish a subjective fear reasonably founded in objective evidence, and adequate state protection was available in El Salvador; therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA.

Court Disposition

Refugee claim rejected

Orders

  • Refugee Protection Division rejects the claimants' claims for refugee protection; claimants are not Convention refugees nor persons in need of protection