MB9-11242

MB9-11242

The appeal is dismissed because the Refugee Protection Division correctly found the appellant's evidence not credible: cumulative significant omissions and inconsistencies (including unexplained motivation for persecution, failure to identify perpetrators, inadequate details on threats, and unexplained failure to claim asylum in the United States) defeat the appellant's burden to establish a serious possibility of persecution or need for protection.

Citation
MB9-11242
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 September 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk of Persecution, Delay in Claiming Asylum, Basis of Claim Omissions
Source Language
English
Immigration Law Refugee Protection Administrative Law Credibility Assessment Convention Refugee Determination Risk of Persecution Delay in Claiming Asylum Basis of Claim Omissions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the appellant's evidence is credible
  2. 2 Whether omissions and inconsistencies in the Basis of Claim undermine the claim
  3. 3 Whether failure to seek asylum in the United States affects the claim

Ratio Decidendi

The appeal is dismissed because the Refugee Protection Division correctly found the appellant's evidence not credible: cumulative significant omissions and inconsistencies (including unexplained motivation for persecution, failure to identify perpetrators, inadequate details on threats, and unexplained failure to claim asylum in the United States) defeat the appellant's burden to establish a serious possibility of persecution or need for protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed