MB4-05000

MB4-05000

The RAD deferred to the RPD's credibility findings, concluding negative inferences drawn from the appellant's inability to recount a speech she allegedly authored, material omissions from her BOC, and contradictory accounts about her release were justified; accordingly appellants failed to establish they are Convention refugees or persons in need of protection and the appeal is dismissed.

Citation
MB4-05000
Parties
Appellant (principal): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 July 2015
Procedural Posture
Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division (rad) Confirming Rpd)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Refugee Determination, Credibility Findings, Standard of Review, Appellate Scope of RAD
Source Language
English
Immigration Refugee Law Administrative Law Refugee Determination Credibility Findings Standard of Review Appellate Scope of RAD

Case Brief

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Parties

XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (minor)

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division (rad) Confirming Rpd)

Legal Issues

  1. 1 Whether appellants are Convention refugees under section 96 of the IRPA
  2. 2 Whether appellants are persons in need of protection under section 97 of the IRPA
  3. 3 Whether the RPD's adverse credibility findings were justified

Ratio Decidendi

The RAD deferred to the RPD's credibility findings, concluding negative inferences drawn from the appellant's inability to recount a speech she allegedly authored, material omissions from her BOC, and contradictory accounts about her release were justified; accordingly appellants failed to establish they are Convention refugees or persons in need of protection and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Confirmation that appellants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA