TC0-11395

TC0-11395

The appeal is dismissed because the Appellants failed to credibly establish that the Principal Appellant held the alleged public or significant role or that they were targeted by the LeJ; material contradictions in testimony and documents (including an altered receipt and inconsistent shooting dates) fatally undermined credibility, and those credibility failures justified confirmation of the RPD decision rejecting refugee protection.

Citation
TC0-11395
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 January 2021
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision of October 9, 2020 confirmed.
Legal Topics
Credibility, Internal Flight Alternative, Persecution, Religious Persecution, Extremist Violence, Evidence Authentication, Bias Allegation
Source Language
English
Immigration Refugee Law Administrative Law Credibility Internal Flight Alternative Persecution Religious Persecution Extremist Violence +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Credibility of the Principal Appellant and witnesses
  2. 2 Authenticity and probative value of documentary evidence (receipts, affidavits, police statement)
  3. 3 Internal flight alternative (IFA) analysis

Ratio Decidendi

The appeal is dismissed because the Appellants failed to credibly establish that the Principal Appellant held the alleged public or significant role or that they were targeted by the LeJ; material contradictions in testimony and documents (including an altered receipt and inconsistent shooting dates) fatally undermined credibility, and those credibility failures justified confirmation of the RPD decision rejecting refugee protection.

Court Disposition

Appeal dismissed; RPD decision of October 9, 2020 confirmed.

Orders

  • Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection; decision of the Refugee Protection Division dated October 9, 2020 is confirmed.