TB1-15229

TB1-15229

The claimants were found not credible due to pervasive internal inconsistencies, late amendments, lack of reliable corroboration and conduct indicative of country shopping; as a result they failed to establish a well‑founded fear for Convention grounds and failed to demonstrate a personalized risk under s.97, therefore their claims are denied.

Citation
TB1-15229
Parties
Claimant: XXXX XXXX XXX; Claimant: XXXXX XXXX XXX; Claimant: XXXXX XXXX XXXX XXXX (a.k.aXXXX XXXX XXXX XXXX); Claimant: XXXX XXXX XXXX; Claimant: XXXXXXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 November 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons and Decision Dated November 6, 2013)
Outcome
The claims are denied; claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1) of the IRPA.
Legal Topics
Convention Refugee Determination, Person in Need of Protection (s.97), Credibility Assessment, Persecution, Corroboration of Evidence
Source Language
English
Immigration Refugee Law International Protection Human Rights Convention Refugee Determination Person in Need of Protection (s.97) Credibility Assessment Persecution +1 more

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Parties

XXXX XXXX XXX

Claimant

XXXXX XXXX XXX

Claimant

XXXXX XXXX XXXX XXXX (a.k.aXXXX XXXX XXXX XXXX)

Claimant

XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX XXXX

Claimant

XXXX XXXX

Designated Representative

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons and Decision Dated November 6, 2013)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether the claimants are persons in need of protection under section 97(1) of the IRPA
  3. 3 Whether the claimants' evidence is credible and sufficiently corroborated

Ratio Decidendi

The claimants were found not credible due to pervasive internal inconsistencies, late amendments, lack of reliable corroboration and conduct indicative of country shopping; as a result they failed to establish a well‑founded fear for Convention grounds and failed to demonstrate a personalized risk under s.97, therefore their claims are denied.

Court Disposition

The claims are denied; claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1) of the IRPA.

Orders

  • Refugee protection claims of XXXX XXXX XXX; XXXXX XXXX XXX; XXXXX XXXX XXXX XXXX (a.k.a XXXX XXXX XXXX XXXX); XXXX XXXX XXXX; and XXXXXXXX XXXX XXXX dismissed.