TB4-07120
The RAD confirmed the RPD's decision because the appellants failed to provide credible, consistent and corroborative evidence: documentary provenance was doubtful, medical-treatment-to-conversion timeline was implausible, and absence of corroborative evidence of PSB pursuit undermined the claim that they face persecution, so they are neither Convention refugees nor persons in need of protection.
- Citation
- TB4-07120
- Parties
- Female Appellant: xxxxxxx; Male Appellant: xxxxxx
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 26 November 2014
- Procedural Posture
- Refugee Protection Appeal / RAD Decision on Appeal From RPD
- Outcome
- Appeals dismissed; RAD confirms RPD decision that Appellants are neither Convention refugees nor persons in need of protection
- Legal Topics
- Credibility Assessment, Sur Place Claim, Religious Persecution, Documentary Evidence Provenance, Medical Evidence, State Persecution/psb Pursuit
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
xxxxxxx
Female Appellant
xxxxxx
Male Appellant
Procedural Posture
Refugee Protection Appeal / RAD Decision on Appeal From RPD
Legal Issues
- 1 whether the Appellants are credible
- 2 whether the Appellants' conversion and religious practice are genuine
- 3 whether documentary evidence is authentic and corroborative
Ratio Decidendi
The RAD confirmed the RPD's decision because the appellants failed to provide credible, consistent and corroborative evidence: documentary provenance was doubtful, medical-treatment-to-conversion timeline was implausible, and absence of corroborative evidence of PSB pursuit undermined the claim that they face persecution, so they are neither Convention refugees nor persons in need of protection.
Court Disposition
Appeals dismissed; RAD confirms RPD decision that Appellants are neither Convention refugees nor persons in need of protection
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