TB9-06548

TB9-06548

The RAD confirmed the RPD's adverse credibility finding regarding the Appellants' testimony about their nationality because documentary evidence (valid Indian passports and NDP materials) and the Appellants' failure to corroborate persecution allegations supported the finding that they are Indian citizens; given that finding there was no serious possibility of persecution nor a need for protection under s.96 or s.97 IRPA and no demonstrated nexus to a Convention ground, the appeal is dismissed.

Citation
TB9-06548
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse / Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration; Tribunal: Refugee Appeal Division
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 February 2020
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision Issued (reasons and Dismissal)
Outcome
Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) IRPA
Legal Topics
Credibility Findings, Country of Nationality / Country of Reference, Risk Assessment S.96 and S.97 IRPA, Procedural Fairness, Gender Based Violence, Nexus to Convention Grounds
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Country of Nationality / Country of Reference Risk Assessment S.96 and S.97 IRPA Procedural Fairness Gender Based Violence +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse / Associate Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Designated Representative

Minister of Citizenship and Immigration

Respondent / Minister

Refugee Appeal Division

Tribunal

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision Issued (reasons and Dismissal)

Legal Issues

  1. 1 Whether the Appellants are citizens of India (country of reference)
  2. 2 Whether the RPD erred in credibility findings
  3. 3 Whether the RPD failed to undertake or provide reasons for a s.97 risk assessment

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility finding regarding the Appellants' testimony about their nationality because documentary evidence (valid Indian passports and NDP materials) and the Appellants' failure to corroborate persecution allegations supported the finding that they are Indian citizens; given that finding there was no serious possibility of persecution nor a need for protection under s.96 or s.97 IRPA and no demonstrated nexus to a Convention ground, the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) IRPA

Orders

  • Appeal dismissed; decision of the Refugee Protection Division dated February 5, 2019 confirmed