MC0-05974

MC0-05974

Adverse credibility findings were justified because omissions were central and unexplained, the contemporaneous police document contained inconsistencies suggesting forgery and could not corroborate the account, and therefore appellants failed to establish personal risk on a balance of probabilities; RAD dismisses appeal and confirms RPD decision.

Citation
MC0-05974
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 February 2021
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision by Refugee Appeal Division (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, New Evidence Admissibility, Internal Flight Alternative, Forgery of Documents, Oral Hearing Request, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Findings New Evidence Admissibility Internal Flight Alternative Forgery of Documents Oral Hearing Request +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision by Refugee Appeal Division (reasons and Decision)

Legal Issues

  1. 1 Whether appellants' omissions and contradictions justified adverse credibility findings
  2. 2 Whether affidavits submitted after RPD decision constitute admissible new evidence
  3. 3 Whether documentary police reports corroborate or undermine appellants' account

Ratio Decidendi

Adverse credibility findings were justified because omissions were central and unexplained, the contemporaneous police document contained inconsistencies suggesting forgery and could not corroborate the account, and therefore appellants failed to establish personal risk on a balance of probabilities; RAD dismisses appeal and confirms RPD decision.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision confirmed