TB2-14984

TB2-14984

The panel rejected the claims because it found the principal claimant lacked credibility for the material events alleged after 2007, the evidence did not establish a well-founded subjective fear, and the claimant failed to rebut the presumption of adequate state protection in Peru; therefore the claimants are not Convention refugees nor persons in need of protection.

Citation
TB2-14984
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Child: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 April 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Reasons/decision
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Credibility Assessment, Subjective Fear, Gender Based Persecution, Domestic Violence, Child Protection
Source Language
English
Immigration Law Refugee Law Human Rights Family Law Administrative Law State Protection Credibility Assessment Subjective Fear +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Child

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Reasons/decision

Legal Issues

  1. 1 Whether the claimants have a subjective fear of persecution
  2. 2 Whether the principal claimant's testimony and documentation are credible
  3. 3 Whether state protection in Peru is available and adequate

Ratio Decidendi

The panel rejected the claims because it found the principal claimant lacked credibility for the material events alleged after 2007, the evidence did not establish a well-founded subjective fear, and the claimant failed to rebut the presumption of adequate state protection in Peru; therefore the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee claims of the principal claimant and the three minor claimants are rejected