MC0-10376

MC0-10376

The appeal is dismissed because the appellants are not credible: material contradictions and unexplained omissions—most significantly that passport/visa applications and plane tickets were obtained before the alleged robbery and conflicting accounts about where they hid—undermine the claim; the police complaint does...

Source-derived case information.

Citation
MC0-10376
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 February 2021
Procedural Posture
Refugee Appeal / Final Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Risk of Persecution, Risk of Torture, Documentary Evidence, Standard of Review
Source Language
english
Immigration Refugee Law Administrative Law Credibility Assessment Risk of Persecution Risk of Torture Documentary Evidence Standard of Review

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellants

XXXX XXXX XXXX

Designated Representative

Minister (Immigration)

Respondent

Procedural Posture

Refugee Appeal / Final Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the appellants are credible
  2. 2 Whether appellants face a serious possibility of persecution on return
  3. 3 Whether appellants face a personal risk of torture, death, or cruel and unusual treatment

Ratio Decidendi

The appeal is dismissed because the appellants are not credible: material contradictions and unexplained omissions—most significantly that passport/visa applications and plane tickets were obtained before the alleged robbery and conflicting accounts about where they hid—undermine the claim; the police complaint does not corroborate the substantive events or fear; therefore appellants failed to establish a serious possibility of persecution or on balance of probabilities a personal risk of torture, death, or cruel and unusual treatment on return to Mexico.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

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