MB9-25908

MB9-25908

RAD upheld RPD: credibility undermined by omissions and contradictions (notably lack of Facebook evidence and failure to disclose male appellant's alleged premature retirement due to party pressure); documentary record does not show widespread politically motivated discrimination against non‑PSD members; Bucharest constitutes a reasonable internal flight alternative; appeal dismissed.

Citation
MB9-25908
Parties
Male Appellant: XXXX XXXX; Female Appellant: XXXX XXXX; Associated Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 December 2019
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division (rad) on Appeal From Refugee Protection Division (rpd)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Internal Flight Alternative, Persecution, Procedural Fairness, Bias, Corroboration of Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Persecution Procedural Fairness Bias +1 more

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Parties

XXXX XXXX

Male Appellant

XXXX XXXX

Female Appellant

XXXX XXXX XXXX XXXX

Associated Appellant

Procedural Posture

Refugee Protection Appeal / Decision by Refugee Appeal Division (rad) on Appeal From Refugee Protection Division (rpd)

Legal Issues

  1. 1 Whether the RPD breached procedural fairness or displayed bias
  2. 2 Whether appellants established credible political profile and persecution on Convention grounds
  3. 3 Whether documentary evidence corroborates allegations of politically motivated discrimination in Romania

Ratio Decidendi

RAD upheld RPD: credibility undermined by omissions and contradictions (notably lack of Facebook evidence and failure to disclose male appellant's alleged premature retirement due to party pressure); documentary record does not show widespread politically motivated discrimination against non‑PSD members; Bucharest constitutes a reasonable internal flight alternative; appeal dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Confirm RPD determination that appellants are neither Convention refugees nor persons in need of protection