MB8-28111

MB8-28111

The RAD confirmed the RPD's adverse credibility findings because significant contradictions existed between the appellants' oral testimony and their written immigration and claims documents and supporting statements; the documentary and testimonial evidence lacked probative value or failed to establish a nexus to a Convention ground for the associate appellant; therefore the appellants are not Convention refugees nor persons in need of protection and the appeal is dismissed.

Citation
MB8-28111
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 July 2019
Procedural Posture
Refugee Appeal / Decision of the Refugee Appeal Division (reasons for Decision)
Outcome
Appeal dismissed; RAD confirms RPD determination that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Exclusion Under Article 1 E, Burden of Proof, Risk Nexus to Convention Grounds, Documentary Evidence Weight
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Exclusion Under Article 1 E Burden of Proof Risk Nexus to Convention Grounds Documentary Evidence Weight

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision of the Refugee Appeal Division (reasons for Decision)

Legal Issues

  1. 1 Whether the appellants are credible regarding alleged political activity and risk on return to Haiti
  2. 2 Whether the associate appellant faces a serious risk of persecution as a member of the social group 'Haitian women'
  3. 3 Whether evidence submitted (notarized statements, photographs, immigration forms) had probative value

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings because significant contradictions existed between the appellants' oral testimony and their written immigration and claims documents and supporting statements; the documentary and testimonial evidence lacked probative value or failed to establish a nexus to a Convention ground for the associate appellant; therefore the appellants are not Convention refugees nor persons in need of protection and the appeal is dismissed.

Court Disposition

Appeal dismissed; RAD confirms RPD determination that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • RPD determination confirmed pursuant to subsection 111(1) of the Immigration and Refugee Protection Act