MB9-14441

MB9-14441

On independent review of the record the RPD did not err: the adult appellants lacked credibility because the Principal Appellant demonstrated lack of current knowledge or engagement in Haitian politics, failed to produce or seek documentary proof of the alleged legal action he claimed as the basis for persecution,...

Source-derived case information.

Citation
MB9-14441
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX; Respondent: Minister; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 August 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee Status, Risk of Persecution, Credibility Findings, Documentary Evidence, Basis of Claim Form Amendments
Source Language
english
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Risk of Persecution Credibility Findings Documentary Evidence +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Minor Appellant

Minister

Respondent

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Confirming RPD Decision

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the adult appellants
  2. 2 Whether documentary materials asserted to prove prior legal action were before and improperly ignored by the RPD
  3. 3 Whether the RPD improperly drew an adverse inference for failure to amend the Basis of Claim (BOC) to include a late allegation

Ratio Decidendi

On independent review of the record the RPD did not err: the adult appellants lacked credibility because the Principal Appellant demonstrated lack of current knowledge or engagement in Haitian politics, failed to produce or seek documentary proof of the alleged legal action he claimed as the basis for persecution, and advanced a vague, implausible late allegation that was not included in the BOC; given these findings and changed country circumstances the appellants did not establish a serious possibility of persecution or risk of torture and the appeal must be dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that the appellants are neither Convention refugees nor persons in need of protection