TC0-12758

TC0-12758

The appeal is dismissed because the Appellant is not credible regarding his asserted LDP membership—a central element of his claim—based on objective contradictions between his documents and the National Documentation Package (no membership cards, district committees of 101 members), age requirements that make his alleged membership and promotion implausible, and document irregularities that indicate fraud; these credibility failings defeat the claim and mean he has not established a serious possibility of persecution or a need for protection.

Citation
TC0-12758
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 September 2021
Procedural Posture
Refugee Appeal (refugee Protection Division Decision Appealed to Refugee Appeal Division) / Final Decision by RAD (appeal Heard; No New Evidence; No Oral Hearing Requested)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed; Appellant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility Assessment, Political Opinion/party Membership, Persecution Risk, Documentary Evidence Evaluation, Standard of Review (correctness)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Political Opinion/party Membership Persecution Risk Documentary Evidence Evaluation Standard of Review (correctness)

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Canada)

Respondent / Minister

Procedural Posture

Refugee Appeal (refugee Protection Division Decision Appealed to Refugee Appeal Division) / Final Decision by RAD (appeal Heard; No New Evidence; No Oral Hearing Requested)

Legal Issues

  1. 1 Whether the Appellant was a member of the Liberal Democratic Party (LDP) as alleged
  2. 2 Whether the Appellant's evidence (documents and testimony) is credible
  3. 3 Whether the Appellant meets the definition of a Convention refugee or a person in need of protection

Ratio Decidendi

The appeal is dismissed because the Appellant is not credible regarding his asserted LDP membership—a central element of his claim—based on objective contradictions between his documents and the National Documentation Package (no membership cards, district committees of 101 members), age requirements that make his alleged membership and promotion implausible, and document irregularities that indicate fraud; these credibility failings defeat the claim and mean he has not established a serious possibility of persecution or a need for protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed; Appellant is neither a Convention refugee nor a person in need of protection.

Orders

  • Appeal dismissed and RPD decision confirmed