MC0-02199

MC0-02199

Material contradictions and omissions in the appellants' core account (timing of alleged break‑in/attack, employment dates, addresses, and supporting documents) rendered their claims not credible; on the balance of probabilities they failed to establish a serious possibility of persecution or that they would face torture, death or cruel and unusual treatment, therefore the RPD decision rejecting protection is correct.

Citation
MC0-02199
Parties
Principal Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 March 2021
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Dismissal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, Persecution, Convention Refugee Determination, Persons in Need of Protection, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Persecution Convention Refugee Determination Persons in Need of Protection Standard of Review

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Female Appellant

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Dismissal)

Legal Issues

  1. 1 Whether appellants are credible
  2. 2 Whether appellants have a serious possibility of persecution
  3. 3 Whether appellants are persons in need of protection under balance of probabilities

Ratio Decidendi

Material contradictions and omissions in the appellants' core account (timing of alleged break‑in/attack, employment dates, addresses, and supporting documents) rendered their claims not credible; on the balance of probabilities they failed to establish a serious possibility of persecution or that they would face torture, death or cruel and unusual treatment, therefore the RPD decision rejecting protection is correct.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision rejecting claim is confirmed