TB6-06115

TB6-06115

The adult female claimant has access to Sudanese citizenship by marriage and failed to establish a significant impediment under Tretsetsang; objective country evidence does not corroborate that Palestinians or those with non-'Sudani' appearance face persecution in Sudan; testimony was speculative and uncorroborated; therefore none of the six claimants have a well-founded fear of persecution or meet the subsection 97(1) protection threshold, and all claims are dismissed under sections 96 and 97(1) IRPA.

Citation
TB6-06115
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 May 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Oral Hearing
Outcome
All six protection claims dismissed
Legal Topics
Convention Refugee, Person in Need of Protection, Country of Reference, Citizenship, Well Founded Fear of Persecution, Burden of Proof and Corroboration
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Country of Reference Citizenship Well Founded Fear of Persecution +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Oral Hearing

Legal Issues

  1. 1 Country of reference for the adult female claimant (Sudan v Syria)
  2. 2 Whether the claimants are Convention refugees
  3. 3 Whether the claimants are persons in need of protection under section 97(1) IRPA

Ratio Decidendi

The adult female claimant has access to Sudanese citizenship by marriage and failed to establish a significant impediment under Tretsetsang; objective country evidence does not corroborate that Palestinians or those with non-'Sudani' appearance face persecution in Sudan; testimony was speculative and uncorroborated; therefore none of the six claimants have a well-founded fear of persecution or meet the subsection 97(1) protection threshold, and all claims are dismissed under sections 96 and 97(1) IRPA.

Court Disposition

All six protection claims dismissed

Orders

  • All six claims for protection are dismissed; no protection granted