TC1-03359

TC1-03359

Appeals dismissed because, on comprehensive independent assessment, the appellants' evidence contained material inconsistencies and contradictions that undermined credibility and they failed to establish an individualized risk beyond generalized criminality; therefore they are not persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act.

Citation
TC1-03359
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 October 2021
Procedural Posture
Refugee Protection Appeal / Decision of the Refugee Appeal Division
Outcome
Appeals dismissed and decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Findings, Internal Flight Alternative (ifa), Person in Need of Protection, Extortion and Gang Violence, Nexus to Convention Grounds
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Internal Flight Alternative (ifa) Person in Need of Protection Extortion and Gang Violence Nexus to Convention Grounds

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision of the Refugee Appeal Division

Legal Issues

  1. 1 Credibility of appellants
  2. 2 Whether risk is individualized or generalized criminality
  3. 3 Viability of internal flight alternative (IFA)

Ratio Decidendi

Appeals dismissed because, on comprehensive independent assessment, the appellants' evidence contained material inconsistencies and contradictions that undermined credibility and they failed to establish an individualized risk beyond generalized criminality; therefore they are not persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act.

Court Disposition

Appeals dismissed and decision of the Refugee Protection Division confirmed

Orders

  • Appeals dismissed.
  • Decision of the Refugee Protection Division confirmed; appellants are neither Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act.