TC0-06372

TC0-06372

On a balance of probabilities the RAD concluded the RPD did not err in finding the Principal Appellant not credible: unexplained six‑year delay in leaving Nigeria after alleged intensified threats, voluntary returns from a safe third country without claiming protection, material omission of a prior same‑sex relationship from the Basis of Claim, inconsistent account of travel to the US, and insufficient independent corroboration together rebut the presumption of truth and defeat both subjective fear and proof of sexual orientation; accordingly there is no well‑founded fear of persecution nor need for protection.

Citation
TC0-06372
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Sexual Orientation, Persecution, Particular Social Group, Delay in Seeking Protection, Evidentiary Corroboration
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Sexual Orientation Persecution Particular Social Group Delay in Seeking Protection +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the RPD erred in its credibility analysis
  2. 2 Whether the Principal Appellant has a well‑founded fear of persecution based on sexual orientation
  3. 3 Whether the Principal Appellant has established sexual orientation as bisexual

Ratio Decidendi

On a balance of probabilities the RAD concluded the RPD did not err in finding the Principal Appellant not credible: unexplained six‑year delay in leaving Nigeria after alleged intensified threats, voluntary returns from a safe third country without claiming protection, material omission of a prior same‑sex relationship from the Basis of Claim, inconsistent account of travel to the US, and insufficient independent corroboration together rebut the presumption of truth and defeat both subjective fear and proof of sexual orientation; accordingly there is no well‑founded fear of persecution nor need for protection.

Court Disposition

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

Orders

  • Appeal dismissed and decision of the RPD confirmed
  • Appeals of Associate Appellants dismissed as derivative of Principal Appellant