MB8-14370

MB8-14370

The RAD affirmed the RPD: multiple material contradictions and omissions in the appellants' Basis of Claim forms and oral testimony, together with conduct inconsistent with a claimed ongoing fear (delay, travel, failure to pursue or await protection), rendered the appellants not credible and justified dismissal of the refugee protection claim.

Citation
MB8-14370
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Co Appellant (spouse): XXXX XXXX XXXX; Co Appellant (minor Child): XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 May 2019
Procedural Posture
Refugee Protection Claim Appeal / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division Decision; Hearing and Reasons Issued
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Refugee Protection, Risk Assessment, Delay in Claiming Asylum, Basis of Claim Form Completeness
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Refugee Protection Risk Assessment Delay in Claiming Asylum Basis of Claim Form Completeness

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant (spouse)

XXXX XXXX XXXX XXXX XXXX

Co Appellant (minor Child)

Procedural Posture

Refugee Protection Claim Appeal / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division Decision; Hearing and Reasons Issued

Legal Issues

  1. 1 Whether the appellants' testimony and Basis of Claim forms were credible
  2. 2 Whether contradictions and omissions justified adverse findings of credibility
  3. 3 Whether appellants' conduct (delay, travel, failure to seek protection) undermined subjective fear claim

Ratio Decidendi

The RAD affirmed the RPD: multiple material contradictions and omissions in the appellants' Basis of Claim forms and oral testimony, together with conduct inconsistent with a claimed ongoing fear (delay, travel, failure to pursue or await protection), rendered the appellants not credible and justified dismissal of the refugee protection claim.

Court Disposition

Appeal dismissed; RPD decision confirmed