TB9-00979

TB9-00979

The appeal is dismissed because the Appellants failed to meet their burden on a balance of probabilities: their testimony and supporting documents are inconsistent and not credible, corroborative evidence (affidavits, police report, medical report, photographs) is unreliable or omitted key details, the police report was prepared late and is not persuasive, and the parents' return to Nigeria undermines an objective basis for a well-founded fear; accordingly there is no serious possibility of persecution or risk to life if returned to Nigeria.

Citation
TB9-00979
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 January 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division Under IRPA / Decision on Appeal (rad Dismissal)
Outcome
Appeal dismissed
Legal Topics
Credibility Assessment, Well Founded Fear, Convention Refugee, Person in Need of Protection, Corroboration, Police Reporting
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Well Founded Fear Convention Refugee Person in Need of Protection +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal to Refugee Appeal Division Under IRPA / Decision on Appeal (rad Dismissal)

Legal Issues

  1. 1 Whether the Appellants have established subjective and objective components of a well-founded fear of persecution
  2. 2 Whether the RPD erred in credibility findings and assessment of corroborative evidence
  3. 3 Whether the Appellants established refugee protection under s.96 or protection under s.97(1)(b) of IRPA

Ratio Decidendi

The appeal is dismissed because the Appellants failed to meet their burden on a balance of probabilities: their testimony and supporting documents are inconsistent and not credible, corroborative evidence (affidavits, police report, medical report, photographs) is unreliable or omitted key details, the police report was prepared late and is not persuasive, and the parents' return to Nigeria undermines an objective basis for a well-founded fear; accordingly there is no serious possibility of persecution or risk to life if returned to Nigeria.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated December 14, 2018 is confirmed