TC0-09945

TC0-09945

On independent review applying the correctness standard the RAD concluded that despite some isolated RPD errors, the RPD's central adverse credibility findings were supportable on the record; the principal appellant was not found to be a lesbian, the first associate was not found to be gay, the second appellant's claim depended on the others and thus failed; accordingly the RPD's refusal of refugee protection was confirmed.

Citation
TC0-09945
Parties
Principal Appellant: XXXX XXXX; First Associate Appellant: XXXX XXXX; Second Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 March 2021
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Membership in a Particular Social Group, Sexual Orientation, Corroboration, Standard of Review, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Membership in a Particular Social Group Sexual Orientation Corroboration Standard of Review +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

First Associate Appellant

XXXX XXXX

Second Associate Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings
  2. 2 Whether the principal appellant is a member of a particular social group (lesbian women)
  3. 3 Whether the first associate appellant is a gay person and credible

Ratio Decidendi

On independent review applying the correctness standard the RAD concluded that despite some isolated RPD errors, the RPD's central adverse credibility findings were supportable on the record; the principal appellant was not found to be a lesbian, the first associate was not found to be gay, the second appellant's claim depended on the others and thus failed; accordingly the RPD's refusal of refugee protection was confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision dated March 16, 2020 confirmed
  • No new evidence admitted and no oral hearing convened