VB9-02598

VB9-02598

The appeal was dismissed because the RPD's adverse credibility findings against the Principal Appellant were justified by hesitations, inconsistencies, unsupported allegations, failure to produce available corroborating documentation, and probable falsification of medical photos; credibility being determinative, the Principal Appellant was not a Convention refugee nor a person in need of protection, and the Associate Appellants had no independent claims.

Citation
VB9-02598
Parties
Appellant (principal): XXXX XXXX; Appellant (associate): XXXX XXXX; Appellant (associate): XXXX XXXX XXXX XXXX; Appellant (associate): XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 December 2019
Procedural Posture
Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division; Final Decision Rendered
Outcome
Appeal dismissed; RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, State Protection, Procedural Fairness, Convention Refugee Determination, Documentary Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment State Protection Procedural Fairness Convention Refugee Determination Documentary Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Appellant (principal)

XXXX XXXX

Appellant (associate)

XXXX XXXX XXXX XXXX

Appellant (associate)

XXXX XXXX XXXX

Appellant (associate)

XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division; Final Decision Rendered

Legal Issues

  1. 1 Whether the Principal Appellant was credible
  2. 2 Whether the Associate Appellants had independent claims
  3. 3 Whether the RPD breached procedural fairness

Ratio Decidendi

The appeal was dismissed because the RPD's adverse credibility findings against the Principal Appellant were justified by hesitations, inconsistencies, unsupported allegations, failure to produce available corroborating documentation, and probable falsification of medical photos; credibility being determinative, the Principal Appellant was not a Convention refugee nor a person in need of protection, and the Associate Appellants had no independent claims.

Court Disposition

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

Orders

  • Appeal dismissed and decision of Refugee Protection Division confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act