TB5-01608

TB5-01608

Although the RPD made some errors (eg misattributing testimony and improperly discounting some documents as from 'interested' authors), the core adverse credibility findings were supported by the record: inconsistent and vague accounts about party activities, unexplained omissions in the Basis of Claim, failure to seek protection in the U.S. when able, unjustified delay in claiming in Canada, and absence of corroborative medical or party evidence establishing persecution; additionally the associated Appellant had an available exemption from military service by payment. These factors collectively justify confirming the RPD's determination that the Appellants are neither Convention refugees...

Citation
TB5-01608
Parties
Principal Appellant: XXXX XXXX; Associated Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 July 2015
Procedural Posture
Refugee Appeal to the Refugee Appeal Division Under IRPA / Appeal From Refugee Protection Division Decision (rad Decision)
Outcome
Appeals dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Corroborative Evidence, Failure to Seek Protection in Transit Country, Delay in Claiming Refugee Status, Mandatory Military Service, Standard of Review/deference
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Corroborative Evidence Failure to Seek Protection in Transit Country Delay in Claiming Refugee Status Mandatory Military Service +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associated Appellant

Procedural Posture

Refugee Appeal to the Refugee Appeal Division Under IRPA / Appeal From Refugee Protection Division Decision (rad Decision)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the RPD improperly assessed and gave insufficient weight to corroborative documents
  3. 3 Whether failure to claim in the United States undermines the Appellants' fear of persecution

Ratio Decidendi

Although the RPD made some errors (eg misattributing testimony and improperly discounting some documents as from 'interested' authors), the core adverse credibility findings were supported by the record: inconsistent and vague accounts about party activities, unexplained omissions in the Basis of Claim, failure to seek protection in the U.S. when able, unjustified delay in claiming in Canada, and absence of corroborative medical or party evidence establishing persecution; additionally the associated Appellant had an available exemption from military service by payment. These factors collectively justify confirming the RPD's determination that the Appellants are neither Convention refugees...

Court Disposition

Appeals dismissed; RPD decision confirmed

Orders

  • Pursuant to s.111(1)(a) of IRPA the RAD confirms the RPD decision; appeals dismissed