MB4-05347

MB4-05347

RAD confirmed the RPD because the appellant was not credible regarding the gender-based rape claim and failed to establish that state protection was unavailable against the named perpetrator; negative credibility findings were determinative.

Citation
MB4-05347
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 August 2015
Procedural Posture
Refugee Protection Appeal / Decision on Appeal to RAD
Outcome
appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, State Protection, Gender Based Persecution, Sexual Violence, Kidnapping, Standard of Review
Source Language
English
Immigration Refugee Law Credibility State Protection Gender Based Persecution Sexual Violence Kidnapping Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal to RAD

Legal Issues

  1. 1 whether appellant's fear of rape and kidnapping is credible
  2. 2 whether state protection was available against named persecutor
  3. 3 whether gender-based violence amounts to persecution under s.96 IRPA

Ratio Decidendi

RAD confirmed the RPD because the appellant was not credible regarding the gender-based rape claim and failed to establish that state protection was unavailable against the named perpetrator; negative credibility findings were determinative.

Court Disposition

appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Confirmation that appellant is neither a Convention refugee under s.96 IRPA nor a person in need of protection under s.97 IRPA