TA5-14810

TA5-14810

The claim was dismissed because the panel found the principal claimant wholly lacking in credibility due to material contradictions between his Canadian hearing testimony and his prior US asylum narrative, including his admission of lying before the US court; accordingly he failed to meet the burden to show a serious possibility of persecution or that he would more likely than not face torture, death or cruel and unusual treatment if returned, and derivative claims by family members likewise fail.

Citation
TA5-14810
Parties
Claimant: XXX XXX XXX (the principal claimant); Claimant (spouse): XXX XXX XXX; Claimant (child): XXX XXX XXX XXX; Designated Representative: Refugee Protection Officer; Respondent: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 October 2006
Procedural Posture
Refugee Protection Claim / Decision (hearing Concluded)
Outcome
Refugee protection claim rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Definition, Risk of Persecution, Risk of Torture, Safe Third Country
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Definition Risk of Persecution Risk of Torture Safe Third Country

Case Brief

Summary, issues, holding and outcome

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Parties

XXX XXX XXX (the principal claimant)

Claimant

XXX XXX XXX

Claimant (spouse)

XXX XXX XXX XXX

Claimant (child)

Refugee Protection Officer

Designated Representative

Minister's Counsel

Respondent

Procedural Posture

Refugee Protection Claim / Decision (hearing Concluded)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee within the meaning of the Immigration and Refugee Protection Act
  2. 2 Whether the claimant has discharged the burden to show a serious possibility of persecution on a Convention ground
  3. 3 Whether the claimant faces a risk of torture, risk to life, or cruel and unusual treatment if returned

Ratio Decidendi

The claim was dismissed because the panel found the principal claimant wholly lacking in credibility due to material contradictions between his Canadian hearing testimony and his prior US asylum narrative, including his admission of lying before the US court; accordingly he failed to meet the burden to show a serious possibility of persecution or that he would more likely than not face torture, death or cruel and unusual treatment if returned, and derivative claims by family members likewise fail.

Court Disposition

Refugee protection claim rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • Refugee protection claim rejected