TB9-31362

TB9-31362

The appeal is dismissed because the accumulation of significant inconsistencies and omissions in the principal appellant's and her sister's evidence undermined overall credibility such that, on a balance of probabilities, the Appellants failed to prove they were Convention refugees or persons in need of protection; corroborating documents were given little weight in light of that credibility finding.

Citation
TB9-31362
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent); Decision Maker: Alison Kennedy
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 September 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (refugee Appeal Division) Without Hearing
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility, Corroboration of Documentary Evidence, Convention Refugee Determination, Person in Need of Protection, Application of Gender Guidelines
Source Language
English
Immigration Refugee Law Administrative Law Credibility Corroboration of Documentary Evidence Convention Refugee Determination Person in Need of Protection Application of Gender Guidelines

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Designated Representative

Minister (Respondent)

Respondent

Alison Kennedy

Decision Maker

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (refugee Appeal Division) Without Hearing

Legal Issues

  1. 1 Whether the Appellants proved their claim on a balance of probabilities given significant inconsistencies and omissions in testimony and witness statements
  2. 2 Whether the RPD erred by microscopically examining evidence or failing to apply the Chairperson's Gender Guidelines
  3. 3 Whether corroborating documentary evidence was entitled to weight despite credibility findings

Ratio Decidendi

The appeal is dismissed because the accumulation of significant inconsistencies and omissions in the principal appellant's and her sister's evidence undermined overall credibility such that, on a balance of probabilities, the Appellants failed to prove they were Convention refugees or persons in need of protection; corroborating documents were given little weight in light of that credibility finding.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • RPD decision confirmed