TC0-09139

TC0-09139

On independent review the RPD did not err: material inconsistencies and omissions in the Appellants' evidence fatally undermined credibility, and on balance the RPD reasonably found a viable internal flight alternative in Bulawayo; accordingly the Appellants failed to establish they are Convention refugees or persons in need of protection.

Citation
TC0-09139
Parties
Principal Appellant: XXXX XXXX; Associate Appellant (spouse): XXXX XXXX XXXX; Minor Appellant (child): XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Reasons for Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Internal Flight Alternative, Political Persecution, Standard of Review, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Political Persecution Standard of Review Procedural Fairness

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX

Minor Appellant (child)

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Reasons for Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether a viable internal flight alternative (IFA) existed in Bulawayo
  3. 3 Whether the Appellants established persecution on account of political opinion/membership (MDC-T)

Ratio Decidendi

On independent review the RPD did not err: material inconsistencies and omissions in the Appellants' evidence fatally undermined credibility, and on balance the RPD reasonably found a viable internal flight alternative in Bulawayo; accordingly the Appellants failed to establish they are Convention refugees or persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated July 6, 2020 is confirmed