MC0-08859

MC0-08859

The RAD independently reviewed the record and affirmed the RPD's credibility findings: appellants made material omissions and provided inconsistent accounts about the alleged politically motivated attack and the alleged FGM risk; those credibility defects defeat the claim and there is no serious possibility of persecution, so the appellants are neither Convention refugees nor persons in need of protection.

Citation
MC0-08859
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (wife): XXXX XXXX XXXX; Female Minor Appellant (daughter): XXXX XXXX XXXX; Male Minor Appellant (son): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 January 2021
Procedural Posture
Refugee Appeal / Decision by Refugee Appeal Division After Independent Review; No Oral Hearing Convened (no New Evidence)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Female Genital Mutilation (fgm), Persecution for Political Opinion, Convention Refugee Determination, Person in Need of Protection
Source Language
English
Immigration Refugee Law Human Rights Credibility Assessment Female Genital Mutilation (fgm) Persecution for Political Opinion Convention Refugee Determination Person in Need of Protection

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (wife)

XXXX XXXX XXXX

Female Minor Appellant (daughter)

XXXX XXXX XXXX

Male Minor Appellant (son)

Procedural Posture

Refugee Appeal / Decision by Refugee Appeal Division After Independent Review; No Oral Hearing Convened (no New Evidence)

Legal Issues

  1. 1 Whether appellants are credible
  2. 2 Whether appellants face persecution for political opinion
  3. 3 Whether appellants face risk of FGM

Ratio Decidendi

The RAD independently reviewed the record and affirmed the RPD's credibility findings: appellants made material omissions and provided inconsistent accounts about the alleged politically motivated attack and the alleged FGM risk; those credibility defects defeat the claim and there is no serious possibility of persecution, so the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed; appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed