MC0-05113

MC0-05113

The appeal is dismissed because the RPD reasonably concluded the appellant was not credible due to material omissions and contradictions between his Basis of Claim Form, the hearing testimony and the registry minutes, and because his conduct (travel to and from the United States without seeking asylum and returning to Haiti) further undermined his claimed fear; on the balance of probabilities there is no prospective risk of persecution if returned to Haiti.

Citation
MC0-05113
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision Reasons for Decision
Outcome
Appeal dismissed; RPD decision confirmed — appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Risk Assessment, Basis of Claim Form Omissions, Convention Refugee Determination, Person in Need of Protection
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Risk Assessment Basis of Claim Form Omissions Convention Refugee Determination Person in Need of Protection

Case Brief

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision Reasons for Decision

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellant's credibility given omissions and inconsistencies between the Basis of Claim Form and oral testimony
  2. 2 Whether the RPD erred in assessing prospective risk of persecution on return to Haiti
  3. 3 Whether the appellant's conduct (travel to and from the United States without seeking asylum) undermines the claim of fear

Ratio Decidendi

The appeal is dismissed because the RPD reasonably concluded the appellant was not credible due to material omissions and contradictions between his Basis of Claim Form, the hearing testimony and the registry minutes, and because his conduct (travel to and from the United States without seeking asylum and returning to Haiti) further undermined his claimed fear; on the balance of probabilities there is no prospective risk of persecution if returned to Haiti.

Court Disposition

Appeal dismissed; RPD decision confirmed — appellant is neither a Convention refugee nor a person in need of protection