MC0-02680

MC0-02680

The appeal is dismissed because the RAD, applying the SOGIE Guideline and relevant caselaw, concluded that cumulative inconsistencies between written statements, amendments, oral testimony and documentary evidence, together with lack of medical corroboration, rendered the Appellant not credible on the central issues (sexual orientation, existence of the alleged relationship and the events giving rise to fear of persecution), so the RPD decision rejecting refugee protection is correct.

Citation
MC0-02680
Parties
Appellant / Person in Cause: XXXX XXXX; Respondent: Minister (Canada); Decision‑maker (refugee Appeal Division): Julie Ryan
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 January 2021
Procedural Posture
Refugee Protection Appeal / Decision of the Refugee Appeal Division (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Sexual Orientation as Basis for Refugee Claim, Past Persecution, State Protection, Internal Flight Alternative, Documentary Corroboration, Application of Chairperson's Guideline 9 (sogie)
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law SOGIE (sexual Orientation and Gender Identity and Expression) Credibility Assessment Sexual Orientation as Basis for Refugee Claim Past Persecution +4 more

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Parties

XXXX XXXX

Appellant / Person in Cause

Minister (Canada)

Respondent

Julie Ryan

Decision‑maker (refugee Appeal Division)

Procedural Posture

Refugee Protection Appeal / Decision of the Refugee Appeal Division (reasons and Decision)

Legal Issues

  1. 1 Whether the Appellant established sexual orientation as a protected ground
  2. 2 Whether the alleged incidents of past persecution occurred
  3. 3 Whether the documentary evidence corroborates the Appellant's allegations

Ratio Decidendi

The appeal is dismissed because the RAD, applying the SOGIE Guideline and relevant caselaw, concluded that cumulative inconsistencies between written statements, amendments, oral testimony and documentary evidence, together with lack of medical corroboration, rendered the Appellant not credible on the central issues (sexual orientation, existence of the alleged relationship and the events giving rise to fear of persecution), so the RPD decision rejecting refugee protection is correct.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The appeal is dismissed and the Refugee Protection Division decision dated December 11, 2019 is confirmed