MB8-08671

MB8-08671

Although the RAD accepted some isolated RPD errors regarding timing and document analysis, the determinative issue was credibility; the appellants demonstrated multiple material inconsistencies and unreliable corroboration, so the RAD confirmed the RPD's finding that the appellants failed to prove a risk under s.97 IRPA and dismissed the appeal.

Citation
MB8-08671
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 May 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division Review) / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Internal Flight Alternative, Prospective Risk, Medical Evidence Evaluation, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Prospective Risk Medical Evidence Evaluation Standard of Review

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division Review) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the appellants' allegations were credible
  2. 2 Whether the basis for the father's persecution was established
  3. 3 Weight and reliability of the medical certificate and death certificate

Ratio Decidendi

Although the RAD accepted some isolated RPD errors regarding timing and document analysis, the determinative issue was credibility; the appellants demonstrated multiple material inconsistencies and unreliable corroboration, so the RAD confirmed the RPD's finding that the appellants failed to prove a risk under s.97 IRPA and dismissed the appeal.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act; RPD decision confirmed