TB8-14710

TB8-14710

The RAD confirmed the RPD decision because the central credibility findings were supported on balance of probabilities by substantial and material inconsistencies among the claimant's testimony, supporting affidavits and medical records, rendering the affidavits and key aspects of testimony unreliable and insufficient to establish Convention refugee status or need for protection under IRPA ss.96 and 97.

Citation
TB8-14710
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Counsel for the Minister: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 April 2019
Procedural Posture
Refugee Appeal / Appeal Decision
Outcome
Appeal dismissed; RPD decision confirmed that the appellants are not Convention Refugees nor persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Admission of New Evidence, RAD Substitution Power, Gender Related Persecution Guidelines
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Convention Refugee Person in Need of Protection Credibility Assessment Admission of New Evidence +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Designated Representative

Minister

Counsel for the Minister

Procedural Posture

Refugee Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether affidavits and medical evidence were reliable and consistent
  3. 3 Whether appellants established Convention refugee or protection claim under IRPA ss.96 and 97

Ratio Decidendi

The RAD confirmed the RPD decision because the central credibility findings were supported on balance of probabilities by substantial and material inconsistencies among the claimant's testimony, supporting affidavits and medical records, rendering the affidavits and key aspects of testimony unreliable and insufficient to establish Convention refugee status or need for protection under IRPA ss.96 and 97.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellants are not Convention Refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • RPD decision of May 15, 2018 confirmed