MB9-29051

MB9-29051

The appeal is dismissed because the principal appellant's credibility is undermined by her return to Mexico despite alleged threats, contradictions and inability to identify the date/time of the most significant violent events, and because the police complaint provided no reliable corroboration; the associate appellant presented no fear or evidence relevant to the United States, so neither appellant met the s.97(1) IRPA threshold for refugee protection.

Citation
MB9-29051
Parties
Principal Appellant (citizen of Mexico): XXXX XXXX XXXX XXXX; Associate Appellant (citizen of the United States): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 February 2021
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Risk Assessment, Subsection 97(1) IRPA, Procedural Fairness, Weight of Documentary Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Risk Assessment Subsection 97(1) IRPA Procedural Fairness Weight of Documentary Evidence

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant (citizen of Mexico)

XXXX XXXX XXXX XXXX

Associate Appellant (citizen of the United States)

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the principal appellant is credible and established a risk of persecution if returned to Mexico
  2. 2 Whether the associate appellant demonstrated a real risk in her country of citizenship (United States)
  3. 3 Whether the police complaint and documentary evidence support the appellants' claims

Ratio Decidendi

The appeal is dismissed because the principal appellant's credibility is undermined by her return to Mexico despite alleged threats, contradictions and inability to identify the date/time of the most significant violent events, and because the police complaint provided no reliable corroboration; the associate appellant presented no fear or evidence relevant to the United States, so neither appellant met the s.97(1) IRPA threshold for refugee protection.

Court Disposition

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

Orders

  • Dismissal of both appellants' appeals; confirmation of Refugee Protection Division decision