TC0-12587

TC0-12587

The RPD's adverse credibility findings are supported by multiple inconsistencies between testimony and documentary evidence (including the medical note), shifting and implausible testimony about threatening notes, failure to report serious violence to police without adequate explanation, and implausible motive linking the cartel to the appellants; the procedural errors identified were not fatal to the credibility-based determination, therefore the appellants failed to prove on the balance of probabilities that they are Convention refugees or persons in need of protection.

Citation
TC0-12587
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 June 2021
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility, Natural Justice, State Protection, Extortion, Persecution, Torture, Risk to Life, Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Administrative Law Credibility Natural Justice State Protection Extortion Persecution +3 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings were supported by the record
  2. 2 Whether the RPD breached procedural fairness in relation to the medical Note of Discharge
  3. 3 Whether the RPD erred in findings regarding state protection

Ratio Decidendi

The RPD's adverse credibility findings are supported by multiple inconsistencies between testimony and documentary evidence (including the medical note), shifting and implausible testimony about threatening notes, failure to report serious violence to police without adequate explanation, and implausible motive linking the cartel to the appellants; the procedural errors identified were not fatal to the credibility-based determination, therefore the appellants failed to prove on the balance of probabilities that they are Convention refugees or persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection

Orders

  • The appeal is dismissed and the decision of the Refugee Protection Division is confirmed.