TB9-02346

TB9-02346

The appeals are dismissed because the Refugee Protection Division provided adequate reasons and correctly found the appellants lacked credible evidence to establish a well‑founded fear of persecution; the two minor appellants who are US citizens face no real risk in the USA; supporting documents were inconsistent or unreliable; and the appellants' failure to seek protection in the USA undermined their subjective fear, such that they are neither Convention refugees nor persons in need of protection under IRPA.

Citation
TB9-02346
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 January 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal (refugee Appeal Division)
Outcome
Appeals dismissed and RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Findings, Internal Flight Alternative, State Protection Analysis, Dual Citizenship and Protection Obligations, Delay in Departure, Supporting Documentation and Alleged Fraud, Psychological/medical Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Findings Internal Flight Alternative State Protection Analysis Dual Citizenship and Protection Obligations +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal (refugee Appeal Division)

Legal Issues

  1. 1 Whether the RPD provided adequate reasons and proper credibility findings
  2. 2 Whether the minor appellants who hold US citizenship face a real risk in the USA
  3. 3 Whether failure to seek protection in the USA undermines subjective fear

Ratio Decidendi

The appeals are dismissed because the Refugee Protection Division provided adequate reasons and correctly found the appellants lacked credible evidence to establish a well‑founded fear of persecution; the two minor appellants who are US citizens face no real risk in the USA; supporting documents were inconsistent or unreliable; and the appellants' failure to seek protection in the USA undermined their subjective fear, such that they are neither Convention refugees nor persons in need of protection under IRPA.

Court Disposition

Appeals dismissed and RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection

Orders

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