TC0-01907

TC0-01907

The appeal is dismissed because the RPD's adverse credibility findings are supported by independent assessment: inconsistent and possibly inauthentic documentary evidence, failure to report the alleged targeted shooting, neutral explanations for demolition and burglary, and absence of a nexus to a Convention ground, therefore the Appellants failed to establish a serious possibility of persecution or risk under IRPA.

Citation
TC0-01907
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 December 2020
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Refugee Appeal Division Decision on Credibility Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Convention Refugee Determination, Person in Need of Protection, Section 97 IRPA, Document Authenticity, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Person in Need of Protection Section 97 IRPA Document Authenticity +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Refugee Appeal Division Decision on Credibility Confirming RPD Decision

Legal Issues

  1. 1 Whether the Appellants established a nexus between alleged harms and a Convention ground
  2. 2 Whether the RPD erred in assessing credibility and misstating evidence
  3. 3 Whether documents submitted (church letters) were authentic

Ratio Decidendi

The appeal is dismissed because the RPD's adverse credibility findings are supported by independent assessment: inconsistent and possibly inauthentic documentary evidence, failure to report the alleged targeted shooting, neutral explanations for demolition and burglary, and absence of a nexus to a Convention ground, therefore the Appellants failed to establish a serious possibility of persecution or risk under IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act