MB9-00566

MB9-00566

The appeal is dismissed because the panel found that material contradictions in the principal appellant's account about whether voodooists had contact with his children and how they died undermine his credibility on a core issue of his fear, and the associate and minor appellants likewise failed to establish a serious possibility of persecution or a risk under IRPA ss.96/97; therefore the RPD determination is confirmed.

Citation
MB9-00566
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 September 2019
Procedural Posture
Refugee Appeal (rad) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD determination confirmed that appellants are neither Convention refugees nor persons in need of protection under paragraph 111(1)(a) of the IRPA.
Legal Topics
Credibility Assessment, Convention Refugee Status, Risk of Persecution, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Risk of Persecution Procedural Fairness

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Appeal (rad) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in its credibility assessment
  2. 2 Whether omission in the Basis of Claim form warranted adverse inference
  3. 3 Whether contradictions about the deaths of the children undermine the claim

Ratio Decidendi

The appeal is dismissed because the panel found that material contradictions in the principal appellant's account about whether voodooists had contact with his children and how they died undermine his credibility on a core issue of his fear, and the associate and minor appellants likewise failed to establish a serious possibility of persecution or a risk under IRPA ss.96/97; therefore the RPD determination is confirmed.

Court Disposition

Appeal dismissed; RPD determination confirmed that appellants are neither Convention refugees nor persons in need of protection under paragraph 111(1)(a) of the IRPA.

Orders

  • Appeal dismissed
  • RPD decision of November 1, 2018 confirmed