MB7-23386

MB7-23386

The RPD correctly rejected the claims because the principal appellant failed to prove his claim on a balance of probabilities given significant, central omissions and contradictions that were not reasonably explained and fatal to credibility; the minor daughter is a Brazilian citizen and no evidence established a risk in Brazil, therefore both s.96 and s.97 claims fail.

Citation
MB7-23386
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant (spouse): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 July 2018
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Credibility Assessment, Convention Refugee (s.96 Irpa), Person in Need of Protection (s.97 Irpa), Standard of Review, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee (s.96 Irpa) Person in Need of Protection (s.97 Irpa) Standard of Review Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant (spouse)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the RPD erred in drawing adverse credibility inferences from omissions and contradictions
  2. 2 Whether the RPD conducted a microscopic examination of the evidence
  3. 3 Whether the minor daughter established a risk related to her country of citizenship (Brazil)

Ratio Decidendi

The RPD correctly rejected the claims because the principal appellant failed to prove his claim on a balance of probabilities given significant, central omissions and contradictions that were not reasonably explained and fatal to credibility; the minor daughter is a Brazilian citizen and no evidence established a risk in Brazil, therefore both s.96 and s.97 claims fail.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • Appeal dismissed
  • RPD decision of October 24, 2017 confirmed