TB8-10751

TB8-10751

The appeal is dismissed because the Principal Appellant was found not credible on multiple material facts—contradictions, omissions and implausible explanations regarding threatening calls, a purported office visit, the denunciation, corroborating documents and timing—such that the RPD did not err in concluding the appellants are neither Convention refugees nor persons in need of protection; an isolated RPD error about sibling BOC similarities was harmless.

Citation
TB8-10751
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed.
Legal Topics
Credibility Assessment, Corroboration and Probative Value of Documents, Nexus to Convention Grounds, State Protection / Section 97 IRPA, Delay in Seeking Protection, Hearsay and Corroboration, Standard of Review on Appeal
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Corroboration and Probative Value of Documents Nexus to Convention Grounds State Protection / Section 97 IRPA Delay in Seeking Protection +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the Principal Appellant was credible on material facts central to the asylum claim
  2. 2 Whether the RPD erred in its credibility and nexus analysis and in weighing documentary evidence
  3. 3 Whether omissions and contradictions in the denunciation and supporting letters negate probative value

Ratio Decidendi

The appeal is dismissed because the Principal Appellant was found not credible on multiple material facts—contradictions, omissions and implausible explanations regarding threatening calls, a purported office visit, the denunciation, corroborating documents and timing—such that the RPD did not err in concluding the appellants are neither Convention refugees nor persons in need of protection; an isolated RPD error about sibling BOC similarities was harmless.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed.

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed