MB9-07923

MB9-07923

Appeal dismissed: appellants are neither Convention refugees nor persons in need of protection because the principal appellant's credibility is undermined by significant and determinative inconsistencies in the property documentation and implausible explanations, the omissions are determinative, and the female associate failed to establish a serious possibility of gender-based persecution given her family support and circumstances.

Citation
MB9-07923
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 January 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal
Outcome
Appeal dismissed; RPD determination confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility, Persecution, Gender Based Persecution, Property Disputes, Country Condition Evidence, Procedural Fairness
Source Language
English
Immigration Refugee Law Human Rights Credibility Persecution Gender Based Persecution Property Disputes Country Condition Evidence +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal

Legal Issues

  1. 1 Whether appellants are Convention refugees or persons in need of protection under IRPA sections 96 and 97
  2. 2 Credibility of principal appellant regarding property title and timeline
  3. 3 Existence of criminals occupying appellants' land and corroborating evidence

Ratio Decidendi

Appeal dismissed: appellants are neither Convention refugees nor persons in need of protection because the principal appellant's credibility is undermined by significant and determinative inconsistencies in the property documentation and implausible explanations, the omissions are determinative, and the female associate failed to establish a serious possibility of gender-based persecution given her family support and circumstances.

Court Disposition

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

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed