TA4-16714

TA4-16714

On the balance of probabilities the claimants failed to establish an objective basis for their fear and their testimony lacked credibility due to inconsistent behaviour and re‑availment of protection; there is insufficient evidence that return to Kenya would expose them personally to persecution, torture or cruel and unusual treatment, therefore they are not Convention refugees nor persons in need of protection.

Citation
TA4-16714
Parties
Claimant Principal: XXXXX XXXXX XXXXX XXXXX; Claimant Spouse: XXXXX XXXXX XXXXX XXXXX XXXXX; Claimant Older Daughter: XXXXX XXXXX XXXXX XXXXX; Claimant Son: XXXXX XXXXX XXXXX XXXXX; Claimant Minor Daughter: XXXXX XXXXX; Respondent: Refugee Protection Officer; Respondent: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 August 2005
Procedural Posture
Refugee Protection Claim / Decision Refugee Protection Division Determination
Outcome
Claims rejected; claimants are not Convention refugees and not in need of protection; removal to Kenya would not, on available evidence, expose them to persecution, torture, or cruel and unusual treatment
Legal Topics
Political Opinion, Persecution, State Protection, Credibility, Re Availment / Sojourning, Female Genital Mutilation, Risk of Torture
Source Language
English
Refugee Protection Immigration Human Rights Political Opinion Persecution State Protection Credibility Re Availment / Sojourning +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant Principal

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant Spouse

XXXXX XXXXX XXXXX XXXXX

Claimant Older Daughter

XXXXX XXXXX XXXXX XXXXX

Claimant Son

XXXXX XXXXX

Claimant Minor Daughter

Refugee Protection Officer

Respondent

Minister's Counsel

Respondent

Procedural Posture

Refugee Protection Claim / Decision Refugee Protection Division Determination

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether claimants have a well-founded fear of persecution for political opinion
  3. 3 Whether there is a real risk of torture or cruel and unusual treatment on return

Ratio Decidendi

On the balance of probabilities the claimants failed to establish an objective basis for their fear and their testimony lacked credibility due to inconsistent behaviour and re‑availment of protection; there is insufficient evidence that return to Kenya would expose them personally to persecution, torture or cruel and unusual treatment, therefore they are not Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are not Convention refugees and not in need of protection; removal to Kenya would not, on available evidence, expose them to persecution, torture, or cruel and unusual treatment

Orders

  • Refugee protection claims dismissed