MB9-03804

MB9-03804

The RAD found no reviewable error: material contradictions and omissions in the principal appellant's written account and testimony (notably denying relocation while testifying to a three month hiding period and omitting family beatings and repeated searches) reasonably justified the RPD's adverse credibility findings; no objective evidence established a serious possibility of persecution for the associate appellant in the United States, therefore the RPD's decision to refuse refugee protection was confirmed.

Citation
MB9-03804
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 February 2020
Procedural Posture
Refugee Protection Appeal / Appeal Decision (reasons and Decision)
Outcome
Appeal dismissed; Refugee Protection Division decision confirmed
Legal Topics
Credibility Assessment, Risk of Persecution, Standard of Review
Source Language
English
Immigration Refugee Law Credibility Assessment Risk of Persecution Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in assessing the principal appellant's credibility
  2. 2 Whether the associate appellant, a US citizen minor, would face a reasonable fear of persecution or other risk in the United States
  3. 3 Whether the RPD failed to consider all evidence on the record

Ratio Decidendi

The RAD found no reviewable error: material contradictions and omissions in the principal appellant's written account and testimony (notably denying relocation while testifying to a three month hiding period and omitting family beatings and repeated searches) reasonably justified the RPD's adverse credibility findings; no objective evidence established a serious possibility of persecution for the associate appellant in the United States, therefore the RPD's decision to refuse refugee protection was confirmed.

Court Disposition

Appeal dismissed; Refugee Protection Division decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision confirmed