MB9-28905

MB9-28905

The appeal is dismissed because the principal appellant's claim was undermined by material contradictions and significant omissions central to her allegation of persecution (mutilation and confinement), and those defects, not cured by her explanations or by documentary evidence, justify confirming the RPD's negative credibility finding.

Citation
MB9-28905
Parties
Principal Appellant: XXXX XXXX XXXX; Male Associate Appellant (minor): XXXX XXXX XXXX; Female Associate Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 December 2020
Procedural Posture
Refugee Appeal / Reasons and Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Female Genital Mutilation (fgm), State Protection, National Documentation Package (ndp), Chairperson's Guideline 4
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Credibility Assessment Female Genital Mutilation (fgm) State Protection National Documentation Package (ndp) +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Male Associate Appellant (minor)

XXXX XXXX XXXX

Female Associate Appellant (minor)

Procedural Posture

Refugee Appeal / Reasons and Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the RPD erred in its assessment of the principal appellant's credibility
  2. 2 Applicable standard of review (correctness vs reasonableness)
  3. 3 Proper application of Chairperson's Guideline 4 in gender-related persecution claims

Ratio Decidendi

The appeal is dismissed because the principal appellant's claim was undermined by material contradictions and significant omissions central to her allegation of persecution (mutilation and confinement), and those defects, not cured by her explanations or by documentary evidence, justify confirming the RPD's negative credibility finding.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Appellants are neither Convention refugees nor persons in need of protection