TB9-17698

TB9-17698

The appeal is dismissed because the RPD’s negative credibility finding on central elements (identity of persecutors, religious status of parties, and circumstances of the wife’s death) was supported: key corroborative documents reasonably available (police reports, hospital records, religious documents) were not produced without explanation, there were material inconsistencies in testimony and contemporaneous documents, and appellants’ conduct (not claiming asylum in safe third countries and illegal entry) was incompatible with a genuine subjective fear, warranting confirmation of the RPD decision.

Citation
TB9-17698
Parties
Principal Appellant (designated Representative of Minor): XXXX XXXX XXXX; Appellant (mother‑in‑law): XXXX XXXX XXXX; Appellant (minor Daughter): XXXX XXXX XXXX; Respondent Minister: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision on Appeal (reasons and Dismissal)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Findings, Corroborative Evidence, Subjective Well‑founded Fear, Agents of Persecution, Standard of Review, Death Certificate and Police Report Authentication
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Findings Corroborative Evidence Subjective Well‑founded Fear Agents of Persecution +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant (designated Representative of Minor)

XXXX XXXX XXXX

Appellant (mother‑in‑law)

XXXX XXXX XXXX

Appellant (minor Daughter)

Minister of Immigration, Refugees and Citizenship

Respondent Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision on Appeal (reasons and Dismissal)

Legal Issues

  1. 1 Whether the RPD erred in making a negative credibility finding
  2. 2 Whether appellants established religious identities as alleged
  3. 3 Whether appellants proved the wife’s death resulted from persecution and produced available corroboration (hospital/police reports)

Ratio Decidendi

The appeal is dismissed because the RPD’s negative credibility finding on central elements (identity of persecutors, religious status of parties, and circumstances of the wife’s death) was supported: key corroborative documents reasonably available (police reports, hospital records, religious documents) were not produced without explanation, there were material inconsistencies in testimony and contemporaneous documents, and appellants’ conduct (not claiming asylum in safe third countries and illegal entry) was incompatible with a genuine subjective fear, warranting confirmation of the RPD decision.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated June 17, 2019 confirmed