TA2-27777

TA2-27777

The panel rejected the claim because the claimant's testimony and material evidence lacked credibility, key documents were verified as fabricated, the family's failure to claim in the U.S. undermined subjective fear, independent country information and changes in Pakistan reduced the risk, and there was no breach of procedural fairness in the order of questioning; consequently there is not a serious possibility of persecution or risk to life or torture on return.

Citation
TA2-27777
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX; Child: XXXXX XXXXX XXXXX; Respondent: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 May 2006
Procedural Posture
Refugee Protection Claim Under IRPA (convention Refugee and Protection) / Final Decision After Hearing (merits)
Outcome
Claimant's refugee protection claim rejected; not a Convention refugee and not a person in need of protection. Dependent family members' claims also rejected.
Legal Topics
Credibility, Political Opinion, Document Authenticity, Failure to Claim Elsewhere, Procedural Fairness (guideline 7), Sur Place, Change of Circumstances
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Political Opinion Document Authenticity Failure to Claim Elsewhere Procedural Fairness (guideline 7) +2 more

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX

Child

Refugee Protection Officer

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA (convention Refugee and Protection) / Final Decision After Hearing (merits)

Legal Issues

  1. 1 Whether claimant has well‑founded fear of persecution based on political affiliation
  2. 2 Credibility of claimant and authenticity of documentary evidence
  3. 3 Effect of failure to claim in the United States on subjective fear

Ratio Decidendi

The panel rejected the claim because the claimant's testimony and material evidence lacked credibility, key documents were verified as fabricated, the family's failure to claim in the U.S. undermined subjective fear, independent country information and changes in Pakistan reduced the risk, and there was no breach of procedural fairness in the order of questioning; consequently there is not a serious possibility of persecution or risk to life or torture on return.

Court Disposition

Claimant's refugee protection claim rejected; not a Convention refugee and not a person in need of protection. Dependent family members' claims also rejected.

Orders

  • Claim rejected; no protection granted; removal proceedings may be pursued