MB4-03138

MB4-03138

The RAD found the RPD erred in its exclusion analysis because the record did not establish the principal claimant made a voluntary, significant and knowing contribution to crimes against humanity; however the RAD upheld the RPD's adverse credibility findings (based on implausibility, conduct, use of passports and delay) which were determinative and entitled the RAD to dismiss the refugee protection claims, thereby confirming the RPD's overall decision.

Citation
MB4-03138
Parties
Appellant (principal Claimant): XXXX XXXX; Appellant (spouse): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 March 2015
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (rad Dismissal)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Exclusion for Crimes Against Humanity, Complicity, Standard of Review, Implausibility
Source Language
English
Immigration Refugee Law International Criminal Law Exclusion From Protection Credibility Assessment Exclusion for Crimes Against Humanity Complicity Standard of Review +1 more

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Parties

XXXX XXXX

Appellant (principal Claimant)

XXXX XXXX

Appellant (spouse)

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (rad Dismissal)

Legal Issues

  1. 1 Whether evidence established that the principal claimant was complicit in crimes against humanity by voluntary, significant and knowing contribution
  2. 2 Whether RPD's adverse credibility findings were justified and sufficient to deny refugee protection
  3. 3 Whether delay and use of passports undermined claimants' credibility

Ratio Decidendi

The RAD found the RPD erred in its exclusion analysis because the record did not establish the principal claimant made a voluntary, significant and knowing contribution to crimes against humanity; however the RAD upheld the RPD's adverse credibility findings (based on implausibility, conduct, use of passports and delay) which were determinative and entitled the RAD to dismiss the refugee protection claims, thereby confirming the RPD's overall decision.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed by RAD
  • RPD determination confirmed that XXXX XXXX and XXXX XXXX are neither Convention refugees nor persons in need of protection