TC1-02668

TC1-02668

The RAD dismissed the appeal: cumulative credibility defects (vague and conflicting testimony about the central fatwa, failure to provide available corroboration, implausible delays in leaving Nigeria and failure to seek protection in the U.S.A., inconsistencies in biography and documents) rebut the presumption of truth; therefore the Appellant failed to establish a serious possibility of persecution or personal risk on return and is neither a Convention refugee nor a person in need of protection under ss.96 and 97 IRPA.

Citation
TC1-02668
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent / Intervenor at RPD: Minister of Citizenship and Immigration (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 October 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Final Decision (rad Reasons and Dismissal)
Outcome
Appeal dismissed; RAD confirms RPD decision that Appellant is not a Convention refugee and not a person in need of protection
Legal Topics
Credibility Assessment, Corroboration, Fatwa as Alleged Persecution, Convention Refugee Determination (s.96 Irpa), Person in Need of Protection (s.97 Irpa), Delay in Seeking Protection, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Corroboration Fatwa as Alleged Persecution Convention Refugee Determination (s.96 Irpa) +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister of Citizenship and Immigration (Canada)

Respondent / Intervenor at RPD

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Final Decision (rad Reasons and Dismissal)

Legal Issues

  1. 1 Whether the Appellant credibly established that his father issued a fatwa and that he faces a serious possibility of persecution on a Convention ground
  2. 2 Whether the Appellant's conduct and delay in leaving Nigeria and failure to seek protection in the U.S.A. undermine subjective fear
  3. 3 Whether corroboration was reasonably available and the failure to produce it justifies adverse credibility findings

Ratio Decidendi

The RAD dismissed the appeal: cumulative credibility defects (vague and conflicting testimony about the central fatwa, failure to provide available corroboration, implausible delays in leaving Nigeria and failure to seek protection in the U.S.A., inconsistencies in biography and documents) rebut the presumption of truth; therefore the Appellant failed to establish a serious possibility of persecution or personal risk on return and is neither a Convention refugee nor a person in need of protection under ss.96 and 97 IRPA.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that Appellant is not a Convention refugee and not a person in need of protection