TB7-15654

TB7-15654

Claimant's evidence was found not credible due to omissions, internal inconsistencies and contradictory identity documentation; biometric evidence contradicted aspects of her narrative leading to negative inferences; claimant failed to establish a serious possibility of persecution or that state protection would be unavailable, and the Minister did not establish serious reasons for 1F(b) exclusion—on balance the claimant and US-born co-claimants do not meet the tests for refugee status or need of protection.

Citation
TB7-15654
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX; Co Claimant (minor): XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 June 2020
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97(1)) / Decision (refugee Protection Hearing Concluded)
Outcome
Claimant's refugee protection claim and claims of US-born minor co-claimants rejected; Minister's Article 1F(b) intervention not sustained (no exclusion), but overall protection claim denied.
Legal Topics
Refugee Protection, Exclusion (article 1 F(b)), Credibility Findings, State Protection, Female Genital Mutilation, Forced/arranged Marriage, Identity and Biometric Evidence, Child Custody/abduction
Source Language
English
Immigration Law Refugee Law Criminal Law Family Law Refugee Protection Exclusion (article 1 F(b)) Credibility Findings State Protection +4 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX

Claimant

XXXX XXXX XXXX

Co Claimant (minor)

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97(1)) / Decision (refugee Protection Hearing Concluded)

Legal Issues

  1. 1 Whether claimant is a Convention refugee or person in need of protection
  2. 2 Whether claimant should be excluded under Article 1F(b) for alleged child abduction
  3. 3 Credibility of claimant and weight to identity documents and biometrics

Ratio Decidendi

Claimant's evidence was found not credible due to omissions, internal inconsistencies and contradictory identity documentation; biometric evidence contradicted aspects of her narrative leading to negative inferences; claimant failed to establish a serious possibility of persecution or that state protection would be unavailable, and the Minister did not establish serious reasons for 1F(b) exclusion—on balance the claimant and US-born co-claimants do not meet the tests for refugee status or need of protection.

Court Disposition

Claimant's refugee protection claim and claims of US-born minor co-claimants rejected; Minister's Article 1F(b) intervention not sustained (no exclusion), but overall protection claim denied.

Orders

  • Refugee protection claim of primary claimant dismissed
  • Claims of US-born minor co-claimants dismissed