MB9-06359

MB9-06359

The RAD confirmed the RPD's adverse credibility finding: cumulative, material contradictions between the appellant's BOC and hearing testimony, and objective evidence (passport stamps placing her in the Dominican Republic) irreparably undermine the essential elements of her claim and the authenticity/probative value of the police registry extract; on that basis the appellant failed to prove a serious possibility of persecution or a risk to life/cruel treatment and the appeal is dismissed.

Citation
MB9-06359
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 September 2020
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision (reasons and Decision of the Rad)
Outcome
Appeal dismissed; RPD decision confirmed that the appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Determination, Gender Based Persecution, Documentary Evidence, Country Condition Evidence, Trauma and Credibility, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Credibility Assessment Convention Refugee Determination Gender Based Persecution Documentary Evidence +3 more

Case Brief

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Parties

XXXX XXXX

Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision (reasons and Decision of the Rad)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment
  2. 2 Whether the appellant is a Convention refugee or a person in need of protection
  3. 3 Whether the extract from the Ganthier registry is probative and authentic

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility finding: cumulative, material contradictions between the appellant's BOC and hearing testimony, and objective evidence (passport stamps placing her in the Dominican Republic) irreparably undermine the essential elements of her claim and the authenticity/probative value of the police registry extract; on that basis the appellant failed to prove a serious possibility of persecution or a risk to life/cruel treatment and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellant is neither a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed; RPD decision confirmed