MB5-02465

MB5-02465

Panel found minors' identities not established on a balance of probabilities due to serious documentary inconsistencies with French records, and found the adult claimants generally not credible because of repeated inconsistencies, evasive testimony and lack of corroboration for key allegations; accordingly the panel concluded claimants are neither Convention refugees nor persons in need of protection and rejected the claim.

Citation
MB5-02465
Parties
Claimant: XXXX XXXX; Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX; Intervenor/respondent: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 April 2016
Procedural Posture
Refugee Protection Claim (asylum) Under the Immigration and Refugee Protection Act / Decision With Written Reasons (refugee Protection Division)
Outcome
Refugee protection claim rejected for all claimants (adults and minor children); not found to be Convention refugees or persons in need of protection.
Legal Topics
Refugee Protection, Identity Verification, Credibility Findings, Birth Registration, Detention and Torture Allegations, Political/social Activism (anti Slavery)
Source Language
English
Immigration and Refugee Protection Refugee Law Evidence and Credibility Identity Documentation Family and Children Refugee Protection Identity Verification Credibility Findings +3 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant

XXXX XXXX

Minor Claimant

Minister of Public Safety and Emergency Preparedness

Intervenor/respondent

Procedural Posture

Refugee Protection Claim (asylum) Under the Immigration and Refugee Protection Act / Decision With Written Reasons (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants established identity of adults and minor children
  2. 2 Whether claimants met standard of proof on persecution and risk (Convention refugee or person in need of protection)
  3. 3 Credibility of testimony and documentary evidence

Ratio Decidendi

Panel found minors' identities not established on a balance of probabilities due to serious documentary inconsistencies with French records, and found the adult claimants generally not credible because of repeated inconsistencies, evasive testimony and lack of corroboration for key allegations; accordingly the panel concluded claimants are neither Convention refugees nor persons in need of protection and rejected the claim.

Court Disposition

Refugee protection claim rejected for all claimants (adults and minor children); not found to be Convention refugees or persons in need of protection.

Orders

  • Refugee protection claim rejected; claimants are not convention refugees nor persons in need of protection.