MC0-08998

MC0-08998

The appeal is dismissed because the RAD independently found the RPD's adverse credibility findings reasonable and supported by objective evidence (notably the IRB research report contradicting the alleged 2018 election date), the Appellants failed to establish the central facts or a nexus to PDP persecution, and cumulative assessment of personal circumstances and country evidence shows no serious possibility of persecution on return.

Citation
MC0-08998
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Canada); Designated Representative: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 March 2021
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Convention Refugee Status, Risk of Persecution, Gender Based Persecution, Medical Evidence and Stigma, Country Condition Analysis
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Risk of Persecution Gender Based Persecution Medical Evidence and Stigma +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Appellants

Minister (Canada)

Respondent

XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the Appellants' claim is credible
  2. 2 Whether the alleged 2018 Lagos State House of Assembly elections occurred as pleaded
  3. 3 Whether Appellants are Convention refugees

Ratio Decidendi

The appeal is dismissed because the RAD independently found the RPD's adverse credibility findings reasonable and supported by objective evidence (notably the IRB research report contradicting the alleged 2018 election date), the Appellants failed to establish the central facts or a nexus to PDP persecution, and cumulative assessment of personal circumstances and country evidence shows no serious possibility of persecution on return.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; the Refugee Protection Division decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.