TB9-07052

TB9-07052

The appeal is dismissed because, on independent review, the Principal Appellant's claim lacked credibility due to an affidavit that showed signs of post‑sealing alteration, a material omission from the Basis of Claim that was not satisfactorily explained, and demonstrable gaps in her knowledge of the alleged cult; combined with country documentation and expert opinions that do not establish a real risk of non‑divine physical persecution for refusing a chief priest role, the claim has no objective basis and s.97 was adequately considered.

Citation
TB9-07052
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 September 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division Under IRPA / Reasons for Decision; Appeal Dismissed
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Objective Basis for Claim, Section 97 IRPA Assessment, Affidavit Reliability, Standard of Review, Request for Oral Hearing, Country Evidence Evaluation
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Objective Basis for Claim Section 97 IRPA Assessment Affidavit Reliability +3 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division Under IRPA / Reasons for Decision; Appeal Dismissed

Legal Issues

  1. 1 Whether the RPD erred in finding no objective basis for the claim
  2. 2 Whether the Principal Appellant's evidence and testimony are credible
  3. 3 Whether the RPD properly assessed and weighed two inconsistent affidavits

Ratio Decidendi

The appeal is dismissed because, on independent review, the Principal Appellant's claim lacked credibility due to an affidavit that showed signs of post‑sealing alteration, a material omission from the Basis of Claim that was not satisfactorily explained, and demonstrable gaps in her knowledge of the alleged cult; combined with country documentation and expert opinions that do not establish a real risk of non‑divine physical persecution for refusing a chief priest role, the claim has no objective basis and s.97 was adequately considered.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Application for an oral hearing denied pursuant to subsection 110(6) IRPA
  • Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) IRPA