TA3-06120

TA3-06120

The panel found the claimant's testimony not credible and insufficiently corroborated, the delay undermined the claim, an internal flight alternative existed, and the claimant failed to prove with clear and convincing evidence that state protection in Pakistan would be inadequate; therefore there is no serious possibility of persecution or torture and the claim is dismissed.

Citation
TA3-06120
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Spouse of Principal Claimant: XXXXX XXXXX XXXXX; Son (16) of Principal Claimant: XXXXX XXXXX; Daughter (15) of Principal Claimant: XXXXX XXXXX XXXXX; Son (14) (united States Citizen): XXXXX XXXXX; Refugee Protection Officer: B. Roberts; Designated Representative: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 July 2005
Procedural Posture
Refugee Protection Inland Claim / Decision Following Hearing
Outcome
Claim dismissed; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Political Opinion, Credibility, Internal Flight Alternative, State Protection, Delay, Medical Evidence, Children
Source Language
English
Refugee Law Immigration Law Human Rights Law Political Opinion Credibility Internal Flight Alternative State Protection Delay +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Spouse of Principal Claimant

XXXXX XXXXX

Son (16) of Principal Claimant

XXXXX XXXXX XXXXX

Daughter (15) of Principal Claimant

XXXXX XXXXX

Son (14) (united States Citizen)

B. Roberts

Refugee Protection Officer

XXXXX XXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection Inland Claim / Decision Following Hearing

Legal Issues

  1. 1 credibility of claimant
  2. 2 identity
  3. 3 internal flight alternative

Ratio Decidendi

The panel found the claimant's testimony not credible and insufficiently corroborated, the delay undermined the claim, an internal flight alternative existed, and the claimant failed to prove with clear and convincing evidence that state protection in Pakistan would be inadequate; therefore there is no serious possibility of persecution or torture and the claim is dismissed.

Court Disposition

Claim dismissed; claimants are not Convention refugees and not persons in need of protection

Orders

  • Board decision dated July 29, 2005: negative decision — no protection granted