TB8-22918

TB8-22918

The RAD confirmed the RPD's adverse credibility findings and dismissed the appeal because the Principal Appellant failed to establish he is bisexual; material contradictions and implausibilities in testimony and the decision to re‑avail to the UK and USA undermined subjective fear; psychological reports did not corroborate the story or explain credibility gaps; and there was no breach of procedural fairness.

Citation
TB8-22918
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 May 2019
Procedural Posture
Refugee Appeal (refugee Protection Division Determination Reviewed by Refugee Appeal Division) / Decision on Appeal by RAD Confirming RPD Decision (may 30, 2019)
Outcome
Appeal dismissed; RPD determination confirmed pursuant to paragraph 111(1)(a) of IRPA.
Legal Topics
Credibility Assessment, Sexual Orientation and Gender Identity (sogie), Procedural Fairness and Natural Justice, Psychological Evidence and Memory Issues, Re‑availment and Subjective Fear, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Evidence Law Credibility Assessment Sexual Orientation and Gender Identity (sogie) Procedural Fairness and Natural Justice +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Protection Division Determination Reviewed by Refugee Appeal Division) / Decision on Appeal by RAD Confirming RPD Decision (may 30, 2019)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the Principal Appellant's claimed bisexuality
  2. 2 Whether the Chairperson's SOGIE Guidelines were applied correctly
  3. 3 Whether procedural fairness or natural justice were breached during the RPD hearing

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings and dismissed the appeal because the Principal Appellant failed to establish he is bisexual; material contradictions and implausibilities in testimony and the decision to re‑avail to the UK and USA undermined subjective fear; psychological reports did not corroborate the story or explain credibility gaps; and there was no breach of procedural fairness.

Court Disposition

Appeal dismissed; RPD determination confirmed pursuant to paragraph 111(1)(a) of IRPA.

Orders

  • The Refugee Appeal Division confirms the Refugee Protection Division decision and dismisses the appeal; the appellants are neither Convention refugees nor persons in need of protection.