MB7-00110

MB7-00110

The RAD dismissed the appeal because the RPD did not err in concluding the Appellant's credibility was undermined by an unreasonable eight-year delay and omissions in prior applications, and because the Appellant failed to rebut the presumption of available and operational state protection in Saint Lucia with clear and convincing evidence; therefore there is no serious possibility of persecution or need for protection.

Citation
MB7-00110
Parties
Appellant / Person Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Immigration, Refugee and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 April 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Findings, State Protection Presumption, Delay in Claiming, Gender Related Persecution, Humanitarian and Compassionate Application, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Family/domestic Violence Law Credibility Findings State Protection Presumption Delay in Claiming +3 more

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Parties

XXXX XXXX

Appellant / Person Subject of the Appeal

Minister of Immigration, Refugee and Citizenship

Respondent / Minister

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the eight-year delay in claiming undermines the claim
  3. 3 Whether omission of domestic violence in H&C application undermines credibility

Ratio Decidendi

The RAD dismissed the appeal because the RPD did not err in concluding the Appellant's credibility was undermined by an unreasonable eight-year delay and omissions in prior applications, and because the Appellant failed to rebut the presumption of available and operational state protection in Saint Lucia with clear and convincing evidence; therefore there is no serious possibility of persecution or need for protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the RPD dated November 28, 2016 confirmed