TB9-34863

TB9-34863

The appeal is dismissed because on a correctness review the record demonstrates material inconsistencies in the principal appellant's account, embellishment of his role in the investigation, and a lack of objective corroboration; those credibility findings render the claim not established on a balance of probabilities and negate the need to decide state protection.

Citation
TB9-34863
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 November 2020
Procedural Posture
Refugee Appeal (rad) / Reasons for Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD determination upheld that the appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, State Protection, Corroboration, Admissibility of New Evidence, Standard of Review
Source Language
English
Immigration Law Refugee Protection Credibility Assessment State Protection Corroboration Admissibility of New Evidence Standard of Review

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (rad) / Reasons for Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings are correct
  2. 2 Whether the appellants rebutted the presumption of state protection
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

The appeal is dismissed because on a correctness review the record demonstrates material inconsistencies in the principal appellant's account, embellishment of his role in the investigation, and a lack of objective corroboration; those credibility findings render the claim not established on a balance of probabilities and negate the need to decide state protection.

Court Disposition

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

Orders

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