TC1-07999

TC1-07999

The appeal is dismissed because the Appellant's credibility was properly found to be undermined by evolving and inconsistent testimony, documentary deficiencies (including an arrest warrant that deviates from NDP models and lacks a bail section), the Appellant's lack of knowledge and unreasonable lack of diligence regarding serious charges against him, and an unexplained delay in claiming protection; those credibility findings are decisive and justify confirming the RPD decision.

Citation
TC1-07999
Parties
Person Who Is the Subject of the Appeal (appellant): XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 November 2021
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division (rad) / Decision on Appeal (reasons for Decision Dated November 25, 2021)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed.
Legal Topics
Credibility Assessment, Convention Refugee Determination, Person in Need of Protection, Authenticity of Foreign Arrest Warrants, Delay in Claiming Asylum
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Person in Need of Protection Authenticity of Foreign Arrest Warrants Delay in Claiming Asylum

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal (appellant)

Minister

Respondent

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division (rad) / Decision on Appeal (reasons for Decision Dated November 25, 2021)

Legal Issues

  1. 1 Whether the Appellant is a Convention refugee or person in need of protection
  2. 2 Whether the Appellant's testimony and documentary evidence are credible
  3. 3 Whether the disclosed arrest warrant is authentic

Ratio Decidendi

The appeal is dismissed because the Appellant's credibility was properly found to be undermined by evolving and inconsistent testimony, documentary deficiencies (including an arrest warrant that deviates from NDP models and lacks a bail section), the Appellant's lack of knowledge and unreasonable lack of diligence regarding serious charges against him, and an unexplained delay in claiming protection; those credibility findings are decisive and justify confirming the RPD decision.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed.

Orders

  • Appeal dismissed.
  • Decision of the Refugee Protection Division confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act.