MB9-23417

MB9-23417

The appeal is dismissed because the RPD reasonably concluded the Appellants' behaviour and statements were internally inconsistent and collectively undermined credibility, so they are neither Convention refugees nor persons in need of protection.

Citation
MB9-23417
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 March 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division Appeal of RPD Decision) / Decision on Appeal Without a Hearing
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Credibility Assessment, Delay in Claiming Refugee Status, Convention Refugee Determination, Risk of Persecution, State Protection Assessment, Evidentiary Weight of Conduct
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Delay in Claiming Refugee Status Convention Refugee Determination Risk of Persecution State Protection Assessment +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division Appeal of RPD Decision) / Decision on Appeal Without a Hearing

Legal Issues

  1. 1 Whether the Appellants are Convention refugees or persons in need of protection
  2. 2 Whether the RPD erred in its credibility findings
  3. 3 Whether delay in claiming refugee protection while lawfully in Canada can ground an adverse credibility finding

Ratio Decidendi

The appeal is dismissed because the RPD reasonably concluded the Appellants' behaviour and statements were internally inconsistent and collectively undermined credibility, so they are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed: Appellants are neither Convention refugees nor persons in need of protection.