VB9-05872

VB9-05872

On independent assessment the RAD accepts the RPD's adverse credibility findings that the Appellants are not genuine Christians and that their core allegations (detention, termination, ongoing practice) lack credibility; because those core facts are not established the claim fails and there is no basis to find Convention refugee status or need for protection, thus the appeal is dismissed under s.111(1)(a) IRPA.

Citation
VB9-05872
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (reasons Issued)
Outcome
Appeal dismissed; RAD confirms RPD negative determination pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act.
Legal Topics
Credibility Assessment, Religious Persecution, Nexus to Convention Ground, Corroborative Evidence, Objective Evidence Weighing
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Religious Persecution Nexus to Convention Ground Corroborative Evidence Objective Evidence Weighing

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision (reasons Issued)

Legal Issues

  1. 1 Whether the RPD erred in assessing the Appellants' knowledge of Christianity and their credibility as genuine Christians
  2. 2 Whether the RPD failed to properly consider and weigh objective/corroborative evidence without circular reasoning
  3. 3 Whether the Appellants' fears of persecution have nexus to a Convention ground measured from persecutor's perspective

Ratio Decidendi

On independent assessment the RAD accepts the RPD's adverse credibility findings that the Appellants are not genuine Christians and that their core allegations (detention, termination, ongoing practice) lack credibility; because those core facts are not established the claim fails and there is no basis to find Convention refugee status or need for protection, thus the appeal is dismissed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RAD confirms RPD negative determination pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act.

Orders

  • The appeal is dismissed and the RPD decision is confirmed.