MB9-10826

MB9-10826

After independent review the RAD concluded the RPD did not err: the appellants' conduct (returning to a residence known to alleged persecutors), the Principal Appellant's return to and extended stay in Nigeria, the implausible explanation for lack of a police report, and the limited probative value of supporting documents collectively undermined credibility; absent credible evidence the appellants failed to show a serious possibility of persecution, risk of torture, or risk to life such that the RPD decision to reject the claim was confirmed.

Citation
MB9-10826
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 December 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision by the Refugee Appeal Division (rad) Confirming RPD Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk of Torture and Persecution, Standard of Review (correctness Vs Deference), Weight of Corroborative Documentation
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Risk of Torture and Persecution Standard of Review (correctness Vs Deference) Weight of Corroborative Documentation

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision by the Refugee Appeal Division (rad) Confirming RPD Decision

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in rejecting the claim for lack of credibility
  2. 2 Whether the appellants' choice to return to the Principal Appellant's mother's house undermines their asserted fear
  3. 3 Whether the Principal Appellant's return to Nigeria after fleeing undermines his claim

Ratio Decidendi

After independent review the RAD concluded the RPD did not err: the appellants' conduct (returning to a residence known to alleged persecutors), the Principal Appellant's return to and extended stay in Nigeria, the implausible explanation for lack of a police report, and the limited probative value of supporting documents collectively undermined credibility; absent credible evidence the appellants failed to show a serious possibility of persecution, risk of torture, or risk to life such that the RPD decision to reject the claim was confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed
  • Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act