VC1-08748

VC1-08748

The appeal is dismissed because on a balance of probabilities the RPD correctly found that the Principal Appellant's omission of a significant relocation to Abuja and associated events undermined credibility, corroborative affidavits did not cure that omission, the psychological reports did not adequately explain the omission, and objectively the appellants failed to establish a well‑founded fear of persecution given evidence that parents generally can refuse traditional rites and the family's conduct did not show a likelihood of forcible harm.

Citation
VC1-08748
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 April 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal
Outcome
Appeal dismissed; decision of the RPD confirmed
Legal Topics
Credibility Assessment, Well Founded Fear of Persecution, Female Genital Mutilation/child Marriage, Admission of New Evidence, Psychological Evidence
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Well Founded Fear of Persecution Female Genital Mutilation/child Marriage Admission of New Evidence Psychological Evidence

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal

Legal Issues

  1. 1 Whether the appellants face a credible, well‑founded fear of persecution in Nigeria
  2. 2 Whether the RPD erred in its credibility assessment of the Principal Appellant
  3. 3 Whether new or late evidence should be admitted on appeal

Ratio Decidendi

The appeal is dismissed because on a balance of probabilities the RPD correctly found that the Principal Appellant's omission of a significant relocation to Abuja and associated events undermined credibility, corroborative affidavits did not cure that omission, the psychological reports did not adequately explain the omission, and objectively the appellants failed to establish a well‑founded fear of persecution given evidence that parents generally can refuse traditional rites and the family's conduct did not show a likelihood of forcible harm.

Court Disposition

Appeal dismissed; decision of the RPD confirmed

Orders

  • Appeal dismissed
  • Appellants are neither Convention refugees nor persons in need of protection