MB4-00011

MB4-00011

The RAD concluded the RPD's adverse credibility findings, viewed cumulatively, were within a range of reasonable outcomes and accordingly the appellants failed to establish on the balance of probabilities that they are Convention refugees under s.96 IRPA or persons in need of protection under s.97 IRPA; the appeal is dismissed.

Citation
MB4-00011
Parties
Principal Appellant: Ms. XXXX XXXX; Appellant Minor Child: XXXX XXXX XXXX; Appellant Minor Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 April 2014
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Refugee Status Determination, Persecution Gender Related, Asylum Shopping/safe Third Country, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Refugee Status Determination Persecution Gender Related Asylum Shopping/safe Third Country Standard of Review

Case Brief

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Parties

Ms. XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Appellant Minor Child

XXXX XXXX

Appellant Minor Child

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the RPD made unreasonable credibility findings
  2. 2 Whether appellants meet the definition of a Convention refugee (s.96 IRPA)
  3. 3 Whether appellants are persons in need of protection (s.97 IRPA)

Ratio Decidendi

The RAD concluded the RPD's adverse credibility findings, viewed cumulatively, were within a range of reasonable outcomes and accordingly the appellants failed to establish on the balance of probabilities that they are Convention refugees under s.96 IRPA or persons in need of protection under s.97 IRPA; the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Confirmation of RPD determination that Ms. XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX are neither Convention refugees (s.96 IRPA) nor persons in need of protection (s.97 IRPA)