MB7-04337

MB7-04337

The RAD confirmed the RPD's decision because the RPD reasonably rejected the appellant's testimony and explanations, permissibly drew negative inferences from the absence of corroborating documents and from material inconsistencies, and properly concluded that the appellant failed to establish a well-founded fear;...

Source-derived case information.

Citation
MB7-04337
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 July 2019
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (determination)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Corroboration and Documentary Evidence, Negative Inference, Failure to Seek Asylum in Transit Country, Standard of Review
Source Language
english
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Findings Corroboration and Documentary Evidence Negative Inference Failure to Seek Asylum in Transit Country +1 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (determination)

Legal Issues

  1. 1 Whether the appellant is a Convention refugee or person in need of protection under IRPA s.111(1)
  2. 2 Whether the RPD erred in rejecting the appellant's evidence about his marriage for lack of a marriage certificate
  3. 3 Whether adverse credibility inferences were justified given discrepancies in travel history and interview statements

Ratio Decidendi

The RAD confirmed the RPD's decision because the RPD reasonably rejected the appellant's testimony and explanations, permissibly drew negative inferences from the absence of corroborating documents and from material inconsistencies, and properly concluded that the appellant failed to establish a well-founded fear; therefore the appellant is neither a Convention refugee nor a person in need of protection under IRPA s.111(1).

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; the Refugee Protection Division decision dated March 29, 2017 is confirmed