MB8-09355

MB8-09355

Although the RAD found the RPD erred in discounting the principal appellant's brother's birth and death certificates, the accumulated omissions, contradictions and inconsistencies in the appellants' testimony and key documents (notably failure to include triggering threats in the Basis of Claim, inconsistencies about who made the peace court statement, leaving family in Haiti, and inadequate explanations for not seeking asylum in the United States) sufficiently undermined credibility; consequently appellants failed to show a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture or other serious harm, and the appeal was dismissed.

Citation
MB8-09355
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 May 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
appeal dismissed
Legal Topics
Credibility Assessment, Convention Refugee Determination, Gender Based Persecution, Probative Value of Documentary Evidence, Failure to Seek Asylum in Third Country
Source Language
English
Immigration and Refugee Law Asylum Administrative Law Credibility Assessment Convention Refugee Determination Gender Based Persecution Probative Value of Documentary Evidence Failure to Seek Asylum in Third Country

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

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

Legal Issues

  1. 1 whether appellants were credible
  2. 2 whether appellants established a serious possibility of persecution on a Convention ground
  3. 3 whether associate appellant established risk of persecution on account of gender

Ratio Decidendi

Although the RAD found the RPD erred in discounting the principal appellant's brother's birth and death certificates, the accumulated omissions, contradictions and inconsistencies in the appellants' testimony and key documents (notably failure to include triggering threats in the Basis of Claim, inconsistencies about who made the peace court statement, leaving family in Haiti, and inadequate explanations for not seeking asylum in the United States) sufficiently undermined credibility; consequently appellants failed to show a serious possibility of persecution on a Convention ground or a balance of probabilities risk of torture or other serious harm, and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; RPD determination confirmed that appellants are not Convention refugees or persons in need of protection pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act