TC0-10415

TC0-10415

The RPD's credibility finding stands because the Appellants failed to establish their claims on a balance of probabilities: documentary evidence and police reports are inconsistent with the alleged witchcraft threats, the husband's affidavit and emails present conflicting versions, the transcripts are not new evidence, and the Appellants did not demonstrate a reasonable chance of persecution; therefore the appeal is dismissed and RPD's refusal of protection is confirmed.

Citation
TC0-10415
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent: Minister; Tribunal Member: Karen Wallace
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons Issued)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Particular Social Group, Gender Related Persecution, Witchcraft Accusations, Section 97 IRPA, New Evidence Admissibility
Source Language
English
Immigration Law Refugee Protection Administrative Law Credibility Assessment Particular Social Group Gender Related Persecution Witchcraft Accusations Section 97 IRPA +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Karen Wallace

Tribunal Member

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons Issued)

Legal Issues

  1. 1 Whether the RPD erred in its credibility analysis
  2. 2 Whether the RPD improperly assessed documentary evidence and police reports
  3. 3 Whether Chairperson's Guideline 4 was applied

Ratio Decidendi

The RPD's credibility finding stands because the Appellants failed to establish their claims on a balance of probabilities: documentary evidence and police reports are inconsistent with the alleged witchcraft threats, the husband's affidavit and emails present conflicting versions, the transcripts are not new evidence, and the Appellants did not demonstrate a reasonable chance of persecution; therefore the appeal is dismissed and RPD's refusal of protection is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed