TB7-14006

TB7-14006

The panel rejected the claimants' protection claims because the principal claimant was found not credible on a balance of probabilities due to material contradictions and the presentation of a non‑genuine medical document, insufficient evidence of meaningful UDPS activism or that he is a targeted political opponent, and relevant country documentation indicating returnees are not generally at risk; therefore the claimants are neither Convention refugees nor persons in need of protection nor at substantial risk of torture if returned.

Citation
TB7-14006
Parties
Principal Claimant: XXXX XXXX XXXX; Associated Claimant (spouse): XXXX XXXX XXXX; Minor Claimant (child): XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 February 2019
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Hearing and Reasons for Decision (final Determination)
Outcome
claims rejected; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee Determination, Credibility Assessment, Risk on Return, Non Refoulement, Document Authenticity
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Determination Credibility Assessment Risk on Return Non Refoulement Document Authenticity

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associated Claimant (spouse)

XXXX XXXX XXXX

Minor Claimant (child)

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Hearing and Reasons for Decision (final Determination)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under IRPA
  2. 2 Whether claimants face personal risk of torture or cruel and unusual treatment on return
  3. 3 Credibility of claimant including authenticity of medical document

Ratio Decidendi

The panel rejected the claimants' protection claims because the principal claimant was found not credible on a balance of probabilities due to material contradictions and the presentation of a non‑genuine medical document, insufficient evidence of meaningful UDPS activism or that he is a targeted political opponent, and relevant country documentation indicating returnees are not generally at risk; therefore the claimants are neither Convention refugees nor persons in need of protection nor at substantial risk of torture if returned.

Court Disposition

claims rejected; claimants are not Convention refugees and are not persons in need of protection

Orders

  • The refugee protection claims are rejected