MB9-20824

MB9-20824

The RAD confirmed the RPD's adverse credibility findings on central elements of the Principal Appellant's testimony (including the existence of the firstborn daughter) and concluded the documentary evidence was likely fraudulent and insufficient; because no independent credible evidence supported the claim, the Appellants failed to establish a serious risk of persecution or need for protection and the appeal is dismissed under s.111(1)(a) IRPA.

Citation
MB9-20824
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Male Appellant: XXXX XXXX XXXX; Minor Female Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 January 2020
Procedural Posture
Immigration and Refugee Appeal / Refugee Appeal Division Final Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Female Genital Mutilation (fgm), Documentary Evidence and Fraud, Risk of Persecution, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Credibility Assessment Female Genital Mutilation (fgm) Documentary Evidence and Fraud Risk of Persecution +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Male Appellant

XXXX XXXX XXXX

Minor Female Appellant

Procedural Posture

Immigration and Refugee Appeal / Refugee Appeal Division Final Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in negative credibility findings regarding timing of meetings with alleged agents of persecution
  2. 2 Whether the RPD erred in finding doubt as to the existence of the Principal Appellant's firstborn daughter
  3. 3 Whether the RPD properly weighed and assessed the medical report and death certificate

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings on central elements of the Principal Appellant's testimony (including the existence of the firstborn daughter) and concluded the documentary evidence was likely fraudulent and insufficient; because no independent credible evidence supported the claim, the Appellants failed to establish a serious risk of persecution or need for protection and the appeal is dismissed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed that the Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act
  • No new evidence admitted and no oral hearing convened by RAD