MB9-08593

MB9-08593

The appeal is dismissed because the RAD found the RPD's credibility findings were reasonable (appellants exaggerated frequency/seriousness of threats and provided shifting explanations and inconsistent behaviour) and the appellants failed to rebut the presumption that Chile can provide adequate state protection, having not exhausted available remedies.

Citation
MB9-08593
Parties
Appellant (male): XXXX XXXX XXXX XXXX; Appellant (spouse/female): XXXX XXXX XXXX XXXX XXXX; Appellant (minor Child): XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 November 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal Dismissal
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
State Protection, Credibility Assessment, Exhaustion of State Remedies, Convention Refugee Status, Risk of Persecution
Source Language
English
Immigration Refugee Law Administrative Law State Protection Credibility Assessment Exhaustion of State Remedies Convention Refugee Status Risk of Persecution

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Parties

XXXX XXXX XXXX XXXX

Appellant (male)

XXXX XXXX XXXX XXXX XXXX

Appellant (spouse/female)

XXXX XXXX XXXX XXXX

Appellant (minor Child)

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal Dismissal

Legal Issues

  1. 1 Whether the appellants' testimony was credible
  2. 2 Whether the appellants rebutted the presumption of available state protection in Chile
  3. 3 Whether appellants exhausted available remedies before state authorities

Ratio Decidendi

The appeal is dismissed because the RAD found the RPD's credibility findings were reasonable (appellants exaggerated frequency/seriousness of threats and provided shifting explanations and inconsistent behaviour) and the appellants failed to rebut the presumption that Chile can provide adequate state protection, having not exhausted available remedies.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed
  • RPD determination confirmed