CA5-00021

CA5-00021

The claimants' evidence was not sufficiently credible or corroborated to establish a well-founded fear of persecution or that there are substantial grounds to believe they would face torture or cruel treatment on return; threats alleged were isolated and ceased, the principal claimant ceased political activities before the referendum, no ongoing targeted risk was established, and the claimants can relocate and earn a livelihood in Venezuela, therefore the claims fail.

Citation
CA5-00021
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Refugee Protection Officer (Not Attending)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 June 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (oral Decision June 30, 2005; Written Reasons July 11, 2005)
Outcome
Claims rejected — claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, Persecution, Credibility and Corroboration, Country Conditions, Gender Related Persecution, Children
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Political Opinion Persecution +4 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer (Not Attending)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (oral Decision June 30, 2005; Written Reasons July 11, 2005)

Legal Issues

  1. 1 Whether the claimants meet the Convention Refugee definition
  2. 2 Whether the claimants face persecution on account of political opinion or activities
  3. 3 Whether there are substantial grounds to believe the claimants would be tortured or face cruel and unusual treatment

Ratio Decidendi

The claimants' evidence was not sufficiently credible or corroborated to establish a well-founded fear of persecution or that there are substantial grounds to believe they would face torture or cruel treatment on return; threats alleged were isolated and ceased, the principal claimant ceased political activities before the referendum, no ongoing targeted risk was established, and the claimants can relocate and earn a livelihood in Venezuela, therefore the claims fail.

Court Disposition

Claims rejected — claimants are not Convention refugees and are not persons in need of protection

Orders

  • Oral negative decision rendered June 30, 2005
  • Written reasons issued July 11, 2005; claimants' claims dismissed