TB9-01404

TB9-01404

The appeal is dismissed because the RPD correctly found that appellants submitted multiple fraudulent core documents which, on a balance of probabilities, fatally undermined their credibility; lacking credible allegations or objective profile, appellants failed to prove risk, nexus to the Convention, or entitlement to protection.

Citation
TB9-01404
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Dismissal of Appeal and Confirmation of RPD Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Fraudulent Documents, Exclusion Under Article 1 E (refugee Convention), Section 97 IRPA Risk Assessment, Nexus to Convention Grounds, Standard of Review and Deference
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Fraudulent Documents Exclusion Under Article 1 E (refugee Convention) Section 97 IRPA Risk Assessment Nexus to Convention Grounds +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Dismissal of Appeal and Confirmation of RPD Decision

Legal Issues

  1. 1 Whether the appellants' documentary and oral evidence are credible
  2. 2 Whether core documents submitted were fraudulent and whether that taints remaining evidence
  3. 3 Whether appellants are excluded under Article 1E of the Refugee Convention

Ratio Decidendi

The appeal is dismissed because the RPD correctly found that appellants submitted multiple fraudulent core documents which, on a balance of probabilities, fatally undermined their credibility; lacking credible allegations or objective profile, appellants failed to prove risk, nexus to the Convention, or entitlement to protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that the appellants are neither Convention refugees nor persons in need of protection