TC1-07356

TC1-07356

The appeal is dismissed because on balance of probabilities key documentary evidence (police letters) is not genuine and central contradictions and unresolved inconsistencies about school expulsion and police interactions rebut the presumption of truthfulness, leaving the appellants unable to establish a well-founded fear or serious possibility of persecution for sexual orientation upon return to Tanzania.

Citation
TC1-07356
Parties
Principal Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Associate Appellant (eldest Daughter): XXXX XXXX XXXX; Associate Appellant (daughter): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 December 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons Issued December 20, 2021)
Outcome
Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Sexual Orientation, Credibility Assessment, Documentary Evidence Genuineness, Persecution Risk, Procedural Fairness, Oral Hearing Request, Medical Accommodation (ptsd)
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Sexual Orientation Credibility Assessment Documentary Evidence Genuineness Persecution Risk +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (eldest Daughter)

XXXX XXXX XXXX

Associate Appellant (daughter)

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons Issued December 20, 2021)

Legal Issues

  1. 1 Whether the appellants face a well-founded fear or serious possibility of persecution on account of sexual orientation
  2. 2 Whether the police letters and school letters submitted are genuine
  3. 3 Whether contradictions and inconsistencies in testimony and documents rebut the presumption of truthfulness

Ratio Decidendi

The appeal is dismissed because on balance of probabilities key documentary evidence (police letters) is not genuine and central contradictions and unresolved inconsistencies about school expulsion and police interactions rebut the presumption of truthfulness, leaving the appellants unable to establish a well-founded fear or serious possibility of persecution for sexual orientation upon return to Tanzania.

Court Disposition

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

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed