MC0-09278

MC0-09278

Material contradictions and omissions in the appellants' BOC form and testimony—central to the risk alleged (content of threats, assault by relatives, threatening phone calls, and inconsistent accounts of police complaints)—undermined credibility; female appellant did not demonstrate persecution by reason of membership in the social group of women; appellants failed to establish a personal risk under s.97 IRPA; RAD, applying correctness, affirmed the RPD and dismissed the appeal.

Citation
MC0-09278
Parties
Male Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 February 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Particular Social Group (women), Convention Refugee Status, Risk Assessment Under Section 97 IRPA, Failure to Claim Asylum in Third Country, BOC Form Completeness
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Particular Social Group (women) Convention Refugee Status Risk Assessment Under Section 97 IRPA Failure to Claim Asylum in Third Country +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Male Appellant

XXXX XXXX XXXX

Female Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether appellants' testimony and BOC form are credible
  2. 2 Whether female appellant is at risk by reason of membership in the particular social group of women
  3. 3 Whether appellants established personal risk under s.97 IRPA

Ratio Decidendi

Material contradictions and omissions in the appellants' BOC form and testimony—central to the risk alleged (content of threats, assault by relatives, threatening phone calls, and inconsistent accounts of police complaints)—undermined credibility; female appellant did not demonstrate persecution by reason of membership in the social group of women; appellants failed to establish a personal risk under s.97 IRPA; RAD, applying correctness, affirmed the RPD and dismissed the appeal.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

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