TC0-00682

TC0-00682

On independent assessment the RPD's adverse credibility inferences were justified: material omissions regarding threats, unexplained delays in leaving and claiming protection undermined subjective fear, corroborative documents were not sufficiently probative or had authenticity concerns, and country documentation did not support a real risk of persecution; accordingly the Appellants failed to prove they are Convention refugees or persons in need of protection and the appeal is dismissed.

Citation
TC0-00682
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 November 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, New Evidence, Refugee Protection, Convention Refugee Status, Corroborative Evidence, Delay in Fleeing and Claiming Protection, Kidnapping Allegations
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment New Evidence Refugee Protection Convention Refugee Status Corroborative Evidence +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings by focusing on omissions and minor inconsistencies
  2. 2 Whether delay in leaving Nigeria and delay in claiming protection undermined subjective fear
  3. 3 Whether the alleged kidnapping was established on the balance of probabilities

Ratio Decidendi

On independent assessment the RPD's adverse credibility inferences were justified: material omissions regarding threats, unexplained delays in leaving and claiming protection undermined subjective fear, corroborative documents were not sufficiently probative or had authenticity concerns, and country documentation did not support a real risk of persecution; accordingly the Appellants failed to prove they are Convention refugees or persons in need of protection and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; decision of the Refugee Protection Division confirmed