TA9-20488

TA9-20488

The principal claimant's testimony was found not credible due to inconsistencies, absence of corroborating evidence and failure to seek protection in Cameroon; therefore there is no serious possibility of persecution or risk of torture or cruel and unusual treatment on a Convention ground for him or for the joined claimants, and the claims are rejected.

Citation
TA9-20488
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Common Law Spouse and Claimant: XXXX XXXX; Minor Claimant (daughter): XXXX; Panel Chair: Michael S. McCaffrey
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 June 2011
Procedural Posture
Refugee Protection Claim (rpd) / Final Decision After Hearing
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Political Activities, Particular Social Group, Family Unity, Arbitrary Arrest and Detention, Production of Documents, Sojourning, Failure to Seek Protection in Other Countries, Gender Related Persecution, Risk of Torture, Risk to Life
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Political Activities Particular Social Group Family Unity Arbitrary Arrest and Detention +6 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Common Law Spouse and Claimant

XXXX

Minor Claimant (daughter)

Michael S. McCaffrey

Panel Chair

Procedural Posture

Refugee Protection Claim (rpd) / Final Decision After Hearing

Legal Issues

  1. 1 Credibility of the principal claimant
  2. 2 Nexus to Convention for female claimant and minor children
  3. 3 Failure to seek protection in Cameroon as adverse credibility factor

Ratio Decidendi

The principal claimant's testimony was found not credible due to inconsistencies, absence of corroborating evidence and failure to seek protection in Cameroon; therefore there is no serious possibility of persecution or risk of torture or cruel and unusual treatment on a Convention ground for him or for the joined claimants, and the claims are rejected.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Claimants' protection claims are rejected; no protection granted