MB9-02814

MB9-02814

The appeal is dismissed because the RAD found the RPD's adverse credibility findings were correct and determinative: official passport stamps showed the male appellant was not in Haiti on the date of the alleged March 10, 2012 assault and, combined with multiple inconsistencies, omissions and unreliable supporting documents, undermined the appellants' claims such that there is no serious possibility of persecution under IRPA sections 97 or Convention grounds.

Citation
MB9-02814
Parties
Appellant (male): XXXX XXXX; Appellant (spouse): XXXX XXXX; Appellant (minor Daughter): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 November 2019
Procedural Posture
Refugee Protection Appeal (rad) / Final Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk of Persecution, Documentary Evidence Evaluation, Procedural Fairness
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Risk of Persecution Documentary Evidence Evaluation Procedural Fairness

Case Brief

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Parties

XXXX XXXX

Appellant (male)

XXXX XXXX

Appellant (spouse)

XXXX XXXX XXXX XXXX

Appellant (minor Daughter)

Procedural Posture

Refugee Protection Appeal (rad) / Final Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellants' credibility
  2. 2 Whether the minor child faces a serious possibility of persecution in her country of citizenship
  3. 3 Whether passport evidence undermined the central assault allegation

Ratio Decidendi

The appeal is dismissed because the RAD found the RPD's adverse credibility findings were correct and determinative: official passport stamps showed the male appellant was not in Haiti on the date of the alleged March 10, 2012 assault and, combined with multiple inconsistencies, omissions and unreliable supporting documents, undermined the appellants' claims such that there is no serious possibility of persecution under IRPA sections 97 or Convention grounds.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed and RPD determination confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act
  • No relief granted to the appellants