TB8-13186

TB8-13186

Because the Principal Appellant was found not credible on material matters (omissions of a direct death threat and detailed account of an alleged daughter’s death), because of strong similarities indicating a likely fabricated affidavit and concerns about other documentary authenticity, and because counsel was not shown to be negligent in a way that would alter the result, the Appellants failed to prove a serious possibility of persecution or need for protection on the balance of probabilities; appeal dismissed.

Citation
TB8-13186
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX (a.k.a XXXX XXXX XXXX)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 August 2019
Procedural Posture
Refugee Protection Appeal (rpd Redetermination) / Decision on Appeal (rad Reasons)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Female Genital Mutilation (fgm), Credibility Findings, Document Authenticity, Natural Justice and Counsel Competence, Refugee Redetermination Procedure
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights (gender Based Persecution) Female Genital Mutilation (fgm) Credibility Findings Document Authenticity Natural Justice and Counsel Competence +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX (a.k.a XXXX XXXX XXXX)

Associate Appellant

Procedural Posture

Refugee Protection Appeal (rpd Redetermination) / Decision on Appeal (rad Reasons)

Legal Issues

  1. 1 Whether the Principal Appellant was a credible witness
  2. 2 Whether documentary evidence (affidavits, birth/death certificates) was authentic or fraudulent
  3. 3 Whether omissions in the Basis of Claim (BOC) justified negative credibility inferences

Ratio Decidendi

Because the Principal Appellant was found not credible on material matters (omissions of a direct death threat and detailed account of an alleged daughter’s death), because of strong similarities indicating a likely fabricated affidavit and concerns about other documentary authenticity, and because counsel was not shown to be negligent in a way that would alter the result, the Appellants failed to prove a serious possibility of persecution or need for protection on the balance of probabilities; appeal dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act (IRPA).