MB9-11214

MB9-11214

The Refugee Appeal Division found the RPD's credibility findings reasonable: the principal appellant's hesitant, vague answers, contradictions in itinerary and incident dates, and discrepancies in the police report justified a negative inference and defeat of the refugee and protection claims; procedural fairness was not breached.

Citation
MB9-11214
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 December 2019
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Regime / Appeal Decision by Refugee Appeal Division (reconsideration of RPD Negative Credibility and Protection Finding)
Outcome
Appeal dismissed; RPD decision confirmed that appellants are not Convention refugees or persons in need of protection.
Legal Topics
Convention Refugee Status, Credibility Assessment, Procedural Fairness, Risk of Persecution, Negative Inference From Documentary Contradictions
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Status Credibility Assessment Procedural Fairness Risk of Persecution Negative Inference From Documentary Contradictions

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Regime / Appeal Decision by Refugee Appeal Division (reconsideration of RPD Negative Credibility and Protection Finding)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in finding the principal appellant not credible
  2. 2 Whether contradictions and omissions justified a negative inference and denial of refugee protection
  3. 3 Whether procedural fairness was breached by the RPD

Ratio Decidendi

The Refugee Appeal Division found the RPD's credibility findings reasonable: the principal appellant's hesitant, vague answers, contradictions in itinerary and incident dates, and discrepancies in the police report justified a negative inference and defeat of the refugee and protection claims; procedural fairness was not breached.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellants are not Convention refugees or persons in need of protection.

Orders

  • Dismissal of appeal and confirmation of Refugee Protection Division decision that the appellants are not Convention refugees or persons in need of protection.