MB9-29629

MB9-29629

The RAD confirmed the RPD's negative credibility findings because material contradictions and omissions between the appellants' BOC narratives, oral testimony and documentary evidence (including timeline of police involvement, steps to secure inheritance, relation of bandits to family, and implausible explanations regarding document C-4) undermined the core allegations; consequently appellants failed to establish on the balance of probabilities that they are Convention refugees or persons in need of protection.

Citation
MB9-29629
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Member, Refugee Appeal Division: Me Reisa Khalifa; Respondent/minister: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 December 2020
Procedural Posture
Refugee Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD determination confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Land Dispute, State Protection, Exclusion Under Convention Article 1 E, New Evidence
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Land Dispute State Protection Exclusion Under Convention Article 1 E New Evidence

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Me Reisa Khalifa

Member, Refugee Appeal Division

Minister of Immigration

Respondent/minister

Procedural Posture

Refugee Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether appellants were personally targeted by bandits due to a land inheritance
  2. 2 Whether contradictions and omissions between BOC forms, testimony and documents undermine credibility
  3. 3 Whether appellants established risk on balance of probabilities to qualify as Convention refugees or persons in need of protection

Ratio Decidendi

The RAD confirmed the RPD's negative credibility findings because material contradictions and omissions between the appellants' BOC narratives, oral testimony and documentary evidence (including timeline of police involvement, steps to secure inheritance, relation of bandits to family, and implausible explanations regarding document C-4) undermined the core allegations; consequently appellants failed to establish on the balance of probabilities that they are Convention refugees or persons in need of protection.

Court Disposition

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

Orders

  • Appeal dismissed
  • RPD determination confirmed that appellants are neither Convention refugees nor persons in need of protection