TB8-01667

TB8-01667

The RAD affirms the RPD: appellants failed to prove on a balance of probabilities that they face a serious possibility of persecution or risk to life from the husband's suspects, family or police; lack of motive, absence of recent threats, inability to corroborate key allegations, and country documentation indicating severe widowhood rituals are unlikely for the appellant's profile defeat the claim for refugee protection and protection under s.97 IRPA.

Citation
TB8-01667
Parties
Appellant (principal and Designated Representative): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 October 2018
Procedural Posture
Refugee Appeal Under IRPA (rad) / Appeal Decision (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee Claim, Person in Need of Protection, Credibility, Widowhood Rituals, Standard of Review, Procedural Fairness, Corroboration
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Claim Person in Need of Protection Credibility Widowhood Rituals Standard of Review +2 more

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Parties

XXXX XXXX XXXX

Appellant (principal and Designated Representative)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal Under IRPA (rad) / Appeal Decision (reasons and Decision)

Legal Issues

  1. 1 Whether appellants are Convention refugees under s.96 IRPA or persons in need of protection under s.97 IRPA
  2. 2 Whether RPD erred in credibility and implausibility findings regarding alleged threats and widowhood rituals
  3. 3 Whether suspects and/or family/police have a motivation to persecute appellants

Ratio Decidendi

The RAD affirms the RPD: appellants failed to prove on a balance of probabilities that they face a serious possibility of persecution or risk to life from the husband's suspects, family or police; lack of motive, absence of recent threats, inability to corroborate key allegations, and country documentation indicating severe widowhood rituals are unlikely for the appellant's profile defeat the claim for refugee protection and protection under s.97 IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act