MB8-26046

MB8-26046

After independent review the RAD found the RPD's adverse credibility findings were justified given contradictions, omissions in the appellants' testimony and in documents they filed, changes in testimony, probative defects in documentary evidence, return visits to Haiti, delay in claiming and abandonment of a US asylum claim; those findings defeat a well‑founded fear of persecution and justify dismissal of the appeal under paragraph 111(1)(a) IRPA.

Citation
MB8-26046
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 June 2019
Procedural Posture
Refugee Protection Appeal Under IRPA / Final RAD Decision (reasons and Dismissal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, Procedural Fairness, Return Visits, Abandonment of Asylum Claim, Documentary Evidence Weight, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Procedural Fairness Return Visits Abandonment of Asylum Claim Documentary Evidence Weight +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal Under IRPA / Final RAD Decision (reasons and Dismissal)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the RPD breached procedural fairness by failing to seek clarifications
  3. 3 Whether the appellants have a well‑founded fear of persecution or a risk of harm in Haiti

Ratio Decidendi

After independent review the RAD found the RPD's adverse credibility findings were justified given contradictions, omissions in the appellants' testimony and in documents they filed, changes in testimony, probative defects in documentary evidence, return visits to Haiti, delay in claiming and abandonment of a US asylum claim; those findings defeat a well‑founded fear of persecution and justify dismissal of the appeal under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act, the RAD confirms the impugned RPD decision and dismisses the appeal of XXXX XXXX and XXXX XXXX