TC0-08743

TC0-08743

The appeal is dismissed because on independent review the RPD’s findings that the Appellant lacked credibility on key elements, that there was no evidence of ongoing interest by the ex‑husband or the PSB, and that therefore there was no serious possibility of persecution or risk to life or cruel and unusual treatment, were correct and dispositive.

Citation
TC0-08743
Parties
Appellant / Person in Cause: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 March 2021
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division (decision on Appeal)
Outcome
Appeal dismissed; Refugee Protection Division decision confirmed
Legal Topics
Convention Refugee, Need for Protection, Credibility Assessment, Risk Assessment, Gender Related Persecution
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Need for Protection Credibility Assessment Risk Assessment Gender Related Persecution

Case Brief

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Parties

XXXX XXXX

Appellant / Person in Cause

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division (decision on Appeal)

Legal Issues

  1. 1 Whether the Appellant faces a forward‑looking risk of persecution from her ex‑husband
  2. 2 Whether the Appellant faces a forward‑looking risk of persecution from the Public Security Bureau (PSB)
  3. 3 Whether the Appellant's testimony was credible and sufficiently evidenced

Ratio Decidendi

The appeal is dismissed because on independent review the RPD’s findings that the Appellant lacked credibility on key elements, that there was no evidence of ongoing interest by the ex‑husband or the PSB, and that therefore there was no serious possibility of persecution or risk to life or cruel and unusual treatment, were correct and dispositive.

Court Disposition

Appeal dismissed; Refugee Protection Division decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed