TB8-12423

TB8-12423

The appeal is dismissed because the RPD reasonably found the Principal Appellant not credible based principally on the finding that the purported witness statement was not authentic and on material inconsistencies (including conflicting dates with a newspaper article) and lack of factual knowledge to support star witness status, such that the claimants failed on the balance of probabilities to establish forward-looking risk under the Convention or section 97 IRPA.

Citation
TB8-12423
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 March 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal From RPD Dated May 2, 2018
Outcome
Appeal dismissed; RPD decision upheld
Legal Topics
Credibility Assessment, Authenticity of Documentary Evidence, Witness Risk Assessment, Section 97 IRPA Analysis, Application of Gender Guideline
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Authenticity of Documentary Evidence Witness Risk Assessment Section 97 IRPA Analysis Application of Gender Guideline

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal From RPD Dated May 2, 2018

Legal Issues

  1. 1 Whether the Principal Appellant's witness statement is genuine
  2. 2 Whether credibility findings of RPD were reasonable
  3. 3 Whether Principal Appellant is a 'star witness' creating forward-looking risk

Ratio Decidendi

The appeal is dismissed because the RPD reasonably found the Principal Appellant not credible based principally on the finding that the purported witness statement was not authentic and on material inconsistencies (including conflicting dates with a newspaper article) and lack of factual knowledge to support star witness status, such that the claimants failed on the balance of probabilities to establish forward-looking risk under the Convention or section 97 IRPA.

Court Disposition

Appeal dismissed; RPD decision upheld

Orders

  • Appeal dismissed and RPD decision dated May 2, 2018 denying refugee protection is upheld; claimants are not Convention refugees nor persons in need of protection