MB9-08742

MB9-08742

The RAD confirmed the RPD's adverse credibility findings as reasonable and supported by the record; material contradictions and inconsistencies regarding the principal appellant's sexual orientation and core events fatally undermined the claim, so the appellants are not Convention refugees or persons in need of protection.

Citation
MB9-08742
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX; Associate Appellant (minor Son): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Credibility Assessment, Sexual Orientation Based Persecution, Convention Refugee Determination, Article 1 E Exclusion, Family and Dependency
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Sexual Orientation Based Persecution Convention Refugee Determination Article 1 E Exclusion Family and Dependency

Case Brief

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Parties

XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant (minor Son)

Procedural Posture

Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellants
  2. 2 Whether the appellants qualify as Convention refugees or persons in need of protection
  3. 3 Whether exclusion/exclusionary provisions (Article 1E / section 98 IRPA) apply

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings as reasonable and supported by the record; material contradictions and inconsistencies regarding the principal appellant's sexual orientation and core events fatally undermined the claim, so the appellants are not Convention refugees or persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed and RPD determination that the appellants are not Convention refugees or persons in need of protection is confirmed.