TC2-12957

TC2-12957

The RAD confirmed the RPD's credibility‑based decision: on a balance of probabilities the appellants' claim fails because central inconsistencies, unexplained material omissions, submission of a fraudulent corroborating letter and unreliable supporting affidavits undermine the claim that the Principal Appellant was persecuted for his political opinion; therefore the appellants are not Convention refugees nor persons in need of protection.

Citation
TC2-12957
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 May 2023
Procedural Posture
Refugee Appeal (rad) / Final Decision on Appeal
Outcome
Appeal dismissed and RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Convention Refugee Determination, Protection Claim, Documentary Evidence Authenticity, Affidavit Weight, Political Opinion
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Protection Claim Documentary Evidence Authenticity Affidavit Weight +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (rad) / Final Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the Appellants are Convention refugees
  3. 3 Whether the Appellants are persons in need of protection

Ratio Decidendi

The RAD confirmed the RPD's credibility‑based decision: on a balance of probabilities the appellants' claim fails because central inconsistencies, unexplained material omissions, submission of a fraudulent corroborating letter and unreliable supporting affidavits undermine the claim that the Principal Appellant was persecuted for his political opinion; therefore the appellants are not Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed and RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and Refugee Protection Division decision confirmed