MB9-22373

MB9-22373

The appellant failed to prove on the balance of probabilities that she had a political profile in the DRC and her credibility was undermined by omissions and embellishments; therefore there is not a serious possibility she would be persecuted if returned, and the appeals must be dismissed.

Citation
MB9-22373
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Counsel for the Persons Who Are the Subject of the Appeal: Me Brigitte Objois; Counsel for the Minister: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 July 2020
Procedural Posture
Refugee Appeal / Decision (reasons for Decision)
Outcome
Appeals dismissed
Legal Topics
Credibility, Persecution, Political Opinion, Refugee Status, Risk Assessment
Source Language
English
Immigration and Refugee Law Credibility Persecution Political Opinion Refugee Status Risk Assessment

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant (minor)

XXXX XXXX XXXX

Designated Representative

Me Brigitte Objois

Counsel for the Persons Who Are the Subject of the Appeal

N/A

Counsel for the Minister

Procedural Posture

Refugee Appeal / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the principal appellant had the profile of a political opponent to the Kabila regime
  2. 2 Whether the appellant's testimony was credible given omissions and inconsistencies
  3. 3 Whether there is a serious possibility of persecution if returned to the DRC given changed political context

Ratio Decidendi

The appellant failed to prove on the balance of probabilities that she had a political profile in the DRC and her credibility was undermined by omissions and embellishments; therefore there is not a serious possibility she would be persecuted if returned, and the appeals must be dismissed.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • No protection granted