TA6-08065

TA6-08065

On the balance of probabilities the panel found the principal claimant's account not credible and implausible, including that he was taken in a police vehicle, assaulted and subsequently threatened daily; because the foundational facts were not established and there was insufficient, trustworthy evidence of risk or lack of state protection, the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA6-08065
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX XXXXX; Child: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 August 2007
Procedural Posture
Refugee Protection Convention Refugee and Person in Need of Protection Claim / Decision at Refugee Protection Division
Outcome
Claim rejected: claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Persecution, Credible Fear, State Protection, Police Abuse, Kidnapping, Drug Trafficking, Delay/availability of Protection, Family/children
Source Language
English
Refugee Law Immigration Law Criminal Law Administrative Law Human Rights Persecution Credible Fear State Protection +5 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX

Child

Procedural Posture

Refugee Protection Convention Refugee and Person in Need of Protection Claim / Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimants meet the definition of Convention refugee under IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Credibility and reliability of the principal claimant's account

Ratio Decidendi

On the balance of probabilities the panel found the principal claimant's account not credible and implausible, including that he was taken in a police vehicle, assaulted and subsequently threatened daily; because the foundational facts were not established and there was insufficient, trustworthy evidence of risk or lack of state protection, the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claim rejected: claimants are not Convention refugees and are not persons in need of protection

Orders

  • Claimants' refugee protection claim is rejected.
  • The Refugee Protection Division determines the claimants are neither Convention refugees nor persons in need of protection.