TA8-24297

TA8-24297

The Tribunal found that, on the balance of probabilities and on the evidence including identity documents, arrest records, medical evidence and international country reports, four claimants established a well-founded fear of persecution for political opinion or membership in a particular social group and are Convention refugees; one claimant failed to establish credible, trustworthy evidence of a political profile or objective risk and therefore is neither a Convention refugee nor a person in need of protection under s.97(1).

Citation
TA8-24297
Parties
Claimant: XXXXXXXXXXX; Claimant: XXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXX; Claimant: XXXXXXXXXX; Counsel for the Claimant(s): Michael Korman; Tribunal Officer: Derek Rose; Designated Representative: XXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 October 2011
Procedural Posture
Refugee Protection Immigration and Refugee Protection Act / Decision After Hearing
Outcome
Partial allowance: four claimants accepted as Convention refugees; one claimant rejected
Legal Topics
Political Opinion, Membership in a Particular Social Group, Arbitrary Arrest and Detention, Country Conditions, Credibility Assessment, Well Founded Fear of Persecution
Source Language
English
Immigration Refugee Law Human Rights Political Opinion Membership in a Particular Social Group Arbitrary Arrest and Detention Country Conditions Credibility Assessment +1 more

Case Brief

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Parties

XXXXXXXXXXX

Claimant

XXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXX

Claimant

XXXXXXXXXX

Claimant

Michael Korman

Counsel for the Claimant(s)

Derek Rose

Tribunal Officer

XXXXXXXXXX

Designated Representative

Procedural Posture

Refugee Protection Immigration and Refugee Protection Act / Decision After Hearing

Legal Issues

  1. 1 Countries of citizenship and identity
  2. 2 Nexus under s.96 vs s.97(1) IRPA
  3. 3 Credibility and inconsistencies

Ratio Decidendi

The Tribunal found that, on the balance of probabilities and on the evidence including identity documents, arrest records, medical evidence and international country reports, four claimants established a well-founded fear of persecution for political opinion or membership in a particular social group and are Convention refugees; one claimant failed to establish credible, trustworthy evidence of a political profile or objective risk and therefore is neither a Convention refugee nor a person in need of protection under s.97(1).

Court Disposition

Partial allowance: four claimants accepted as Convention refugees; one claimant rejected

Orders

  • Claims of XXXXXXXXXXX, XXXXXXXXX, XXXXXXXXXXXXXXXXXX and XXXXXXXX are accepted; they are found to be Convention refugees.
  • Claim of XXXXXXXXXX is rejected; he is found not to be a Convention refugee and not a person in need of protection under s.97(1) IRPA.