MC3-00543

MC3-00543

The RPD's adverse credibility findings were justified by material contradictions and omissions; the appellants failed to rebut the presumption of adequate state protection in Chile with clear and convincing evidence; therefore the appeal is dismissed and the RPD's determination that the appellants are not Convention refugees or persons in need of protection is confirmed.

Citation
MC3-00543
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant (spouse): XXXX XXXX XXXX XXXX; Child Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 July 2023
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Final Decision (reasons)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, State Protection, Convention Refugee Determination, Burden of Proof, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment State Protection Convention Refugee Determination Burden of Proof Standard of Review

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX XXXX

Child Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Final Decision (reasons)

Legal Issues

  1. 1 Whether the appellants were credible
  2. 2 Whether the appellants rebutted the presumption of adequate state protection in Chile
  3. 3 Whether the RPD erred in law or fact in rejecting the claim

Ratio Decidendi

The RPD's adverse credibility findings were justified by material contradictions and omissions; the appellants failed to rebut the presumption of adequate state protection in Chile with clear and convincing evidence; therefore the appeal is dismissed and the RPD's determination that the appellants are not Convention refugees or persons in need of protection is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Dismiss the appeal
  • Confirm RPD determination that the appellants are not Convention refugees or persons in need of protection