MB9-07737

MB9-07737

The RAD upheld the RPD's adverse credibility findings based on material contradictions, failures to corroborate threatening calls and complaints, and inconsistent international travel behaviour that one would not expect from a person fearing for life; those credibility findings were decisive and, applying the balance of probabilities to IRPA ss.96 and 97(1), the appellants failed to establish either a serious possibility of persecution on a Convention ground or personal risk requiring protection.

Citation
MB9-07737
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 February 2020
Procedural Posture
Refugee Protection Appeal / Final Decision by Refugee Appeal Division Confirming RPD Determination
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk Assessment, Membership of a Particular Social Group
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Risk Assessment Membership of a Particular Social Group

Case Brief

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (minor)

Procedural Posture

Refugee Protection Appeal / Final Decision by Refugee Appeal Division Confirming RPD Determination

Legal Issues

  1. 1 Did the RPD err in its credibility assessment?
  2. 2 Did the appellants establish a well‑founded fear or serious possibility of persecution on a Convention ground?
  3. 3 Whether the minor child would face personal risk if returned to Algeria?

Ratio Decidendi

The RAD upheld the RPD's adverse credibility findings based on material contradictions, failures to corroborate threatening calls and complaints, and inconsistent international travel behaviour that one would not expect from a person fearing for life; those credibility findings were decisive and, applying the balance of probabilities to IRPA ss.96 and 97(1), the appellants failed to establish either a serious possibility of persecution on a Convention ground or personal risk requiring protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

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