MB9-13069

MB9-13069

The RPD's adverse credibility findings were reasonable and supported by numerous material contradictions and lack of corroborative evidence; because those findings negated any serious possibility of persecution on return and the appellant lacked an effective status in Brazil, the appellants were neither Convention refugees nor persons in need of protection and the appeal must be dismissed.

Citation
MB9-13069
Parties
Appellant; Designated Representative: XXXX XXXX XXXXXXXX XXXX XXXX; Minor; Person in Respect of Whom Appeal Is Brought: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 September 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Decision (reasons for Decision)
Outcome
Appeal dismissed; Refugee Protection Division decision confirmed
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Exclusion Article 1 E, Risk Assessment, Particular Social Group (women), Status in Third Country
Source Language
English
Immigration Refugee Law Administrative Law Credibility Convention Refugee Person in Need of Protection Exclusion Article 1 E Risk Assessment +2 more

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX

Appellant; Designated Representative

XXXX XXXX XXXX

Minor; Person in Respect of Whom Appeal Is Brought

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Appeal Decision (reasons for Decision)

Legal Issues

  1. 1 whether the RPD's adverse credibility findings were reasonable and dispositive
  2. 2 whether the appellant retained status in Brazil sufficient to trigger Article 1E exclusion
  3. 3 whether there is a serious possibility of persecution in Haiti

Ratio Decidendi

The RPD's adverse credibility findings were reasonable and supported by numerous material contradictions and lack of corroborative evidence; because those findings negated any serious possibility of persecution on return and the appellant lacked an effective status in Brazil, the appellants were neither Convention refugees nor persons in need of protection and the appeal must be dismissed.

Court Disposition

Appeal dismissed; Refugee Protection Division decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division determination confirmed