MB9-12504

MB9-12504

The RAD upheld the RPD's adverse credibility findings because the principal appellant omitted material facts from her Basis of Claim form, gave significant contradictions and implausible explanations about her alleged political role and knowledge, and exhibited conduct inconsistent with a genuine fear of persecution; those factors rebutted the presumption of truthfulness and negated a serious possibility of future persecution for both appellants, warranting dismissal of the appeal.

Citation
MB9-12504
Parties
Appellant (designated Representative): XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 September 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Basis of Claim Omissions, Family Unit Protection, Future Risk/persecution, Political Opinion and Political Involvement
Source Language
English
Immigration and Refugee Law Administrative Law Credibility Assessment Basis of Claim Omissions Family Unit Protection Future Risk/persecution Political Opinion and Political Involvement

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Appellant (designated Representative)

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the principal appellant was credible on central elements of her refugee claim
  2. 2 Whether omissions in the Basis of Claim form regarding threats to family justified adverse credibility findings
  3. 3 Whether the principal appellant's asserted political knowledge and involvement were reliable

Ratio Decidendi

The RAD upheld the RPD's adverse credibility findings because the principal appellant omitted material facts from her Basis of Claim form, gave significant contradictions and implausible explanations about her alleged political role and knowledge, and exhibited conduct inconsistent with a genuine fear of persecution; those factors rebutted the presumption of truthfulness and negated a serious possibility of future persecution for both appellants, warranting dismissal of the appeal.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and the Refugee Protection Division's decision rejecting the refugee protection claims of the appellants is confirmed