VB8-05361

VB8-05361

The appeal is dismissed because the RPD correctly found the Principal Appellant has a right to Lebanese nationality (country of reference), failed to prove a significant impediment or reasonable efforts to obtain that citizenship, made material omissions and inconsistent testimony undermining credibility, and the evidence does not establish a serious possibility of forward-looking risk in Venezuela or Lebanon for either appellant; the Associate Appellant was not denied procedural fairness and lacked corroboration for a claim of future risk.

Citation
VB8-05361
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 July 2020
Procedural Posture
Refugee Appeal / Appeal Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed. Appellants are neither Convention refugees nor persons in need of protection under section 111(1)(a) IRPA.
Legal Topics
Country of Reference, Credibility, Procedural Fairness, Forward Looking Risk, Citizenship Acquisition, Interreligious Marriage Risk
Source Language
English
Immigration Law Refugee Law Nationality Law Administrative Law Country of Reference Credibility Procedural Fairness Forward Looking Risk +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Appeal Decision

Legal Issues

  1. 1 Whether Lebanon is a country of nationality/reference for the Principal Appellant
  2. 2 Whether the Appellants credibly established forward-looking risk of persecution in Venezuela or Lebanon
  3. 3 Whether the RPD erroneously equated lack of documentary evidence with lack of credibility

Ratio Decidendi

The appeal is dismissed because the RPD correctly found the Principal Appellant has a right to Lebanese nationality (country of reference), failed to prove a significant impediment or reasonable efforts to obtain that citizenship, made material omissions and inconsistent testimony undermining credibility, and the evidence does not establish a serious possibility of forward-looking risk in Venezuela or Lebanon for either appellant; the Associate Appellant was not denied procedural fairness and lacked corroboration for a claim of future risk.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed. Appellants are neither Convention refugees nor persons in need of protection under section 111(1)(a) IRPA.

Orders

  • Appeal dismissed; decision of the Refugee Protection Division confirmed.