TB7-08086

TB7-08086

The appeal is dismissed because on a balance of probabilities the principal Appellant's allegations are not credible: she lacks necessary knowledge of the claimed faith, provided inconsistent testimony regarding her daughter's alleged arrest, and submitted documents that differ materially from objective samples and appear manipulated; these credibility failings negate a finding of membership in a persecuted faith and negate any sur place risk, such that the RPD's determination that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Citation
TB7-08086
Parties
Appellant Principal: XXXX XXXX XXXX; Appellants Minors: XXXX XXXX XXXX and XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 January 2019
Procedural Posture
Refugee Appeal (rad) Review of RPD Decision / Appeal Decision (reasons and Determination)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Sur Place, Fraudulent Documents, Religious Persecution, Admissibility of New Evidence
Source Language
English
Immigration Refugee Law Administrative Law Credibility Findings Sur Place Fraudulent Documents Religious Persecution Admissibility of New Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX and XXXX XXXX XXXX

Appellants Minors

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (rad) Review of RPD Decision / Appeal Decision (reasons and Determination)

Legal Issues

  1. 1 Whether the RPD erred in finding the principal Appellant not credible
  2. 2 Whether documents submitted were fraudulent and whether that rebuts the presumption of truth
  3. 3 Whether a sur place claim was required or established

Ratio Decidendi

The appeal is dismissed because on a balance of probabilities the principal Appellant's allegations are not credible: she lacks necessary knowledge of the claimed faith, provided inconsistent testimony regarding her daughter's alleged arrest, and submitted documents that differ materially from objective samples and appear manipulated; these credibility failings negate a finding of membership in a persecuted faith and negate any sur place risk, such that the RPD's determination that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination confirmed pursuant to paragraph 111(1)(a) IRPA