TB9-02098

TB9-02098

The appeal is dismissed because the RAD correctly adopted the RPD's findings that the appellants failed to discharge the burden of proof: credibility concerns and lack of corroborating objective evidence establish no serious possibility of persecution on Convention grounds (religion or political opinion), the Appellants' unexplained delay undermines subjective fear, and a viable internal flight alternative (Colombo) exists, therefore they are neither Convention refugees nor persons in need of protection.

Citation
TB9-02098
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 August 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division Rad) / Decision (rad Reasons)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Well Founded Fear, Credibility, Internal Flight Alternative, Religious Persecution (conversion), Political Opinion, Delay in Claiming Asylum
Source Language
English
Immigration Refugee Law Administrative Law Well Founded Fear Credibility Internal Flight Alternative Religious Persecution (conversion) Political Opinion +1 more

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division Rad) / Decision (rad Reasons)

Legal Issues

  1. 1 Credibility of appellants' testimony and documents
  2. 2 Objective component of well-founded fear
  3. 3 Subjective component of well-founded fear

Ratio Decidendi

The appeal is dismissed because the RAD correctly adopted the RPD's findings that the appellants failed to discharge the burden of proof: credibility concerns and lack of corroborating objective evidence establish no serious possibility of persecution on Convention grounds (religion or political opinion), the Appellants' unexplained delay undermines subjective fear, and a viable internal flight alternative (Colombo) exists, therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated December 14, 2018 confirmed