MB7-25229

MB7-25229

The appeal is dismissed because, on a balance of probabilities, the appellants failed to establish a credible fear of persecution: the Principal Appellant's testimony contained omissions, contradictions and improvised elements, the appellants delayed claiming asylum in the United States for 18 months which undermines subjective fear, and recent objective evidence indicated FGM is not a common practice in Malawi; taken together these grounds justified confirmation of the RPD's negative credibility finding and refusal of protection.

Citation
MB7-25229
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 September 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons Issued)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Female Genital Mutilation (fgm), Credibility Assessment, Convention Refugee Determination, Risk of Persecution, Standard of Review
Source Language
English
Immigration Law Refugee Law Human Rights Law Female Genital Mutilation (fgm) Credibility Assessment Convention Refugee Determination Risk of Persecution Standard of Review

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons Issued)

Legal Issues

  1. 1 Whether the Principal Appellant was credible on a balance of probabilities
  2. 2 Whether delay in claiming asylum in the United States undermines subjective fear
  3. 3 Whether objective country evidence on FGM in Malawi rebuts the appellants' claims

Ratio Decidendi

The appeal is dismissed because, on a balance of probabilities, the appellants failed to establish a credible fear of persecution: the Principal Appellant's testimony contained omissions, contradictions and improvised elements, the appellants delayed claiming asylum in the United States for 18 months which undermines subjective fear, and recent objective evidence indicated FGM is not a common practice in Malawi; taken together these grounds justified confirmation of the RPD's negative credibility finding and refusal of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

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