MB5-01133

MB5-01133

The RAD upheld the RPD's adverse credibility finding because the appellants' account contained material inconsistencies and implausibilities, corroboration was weak and country‑condition evidence indicated low risk to mere associates of weakened militant movements; accordingly the appellants failed to prove on a...

Source-derived case information.

Citation
MB5-01133
Parties
Appellant: Mr. XXXX XXXX; Appellant: Ms. XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 August 2015
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Internal Flight Alternative, Convention Refugee Status, Protection Claim
Source Language
english
Immigration Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Convention Refugee Status Protection Claim

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Parties

Mr. XXXX XXXX

Appellant

Ms. XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether the RPD's adverse credibility finding was justified
  2. 2 Whether a viable internal flight alternative (IFA) exists in Delhi or Mumbai
  3. 3 Whether the appellants qualify as Convention refugees or persons in need of protection under the IRPA

Ratio Decidendi

The RAD upheld the RPD's adverse credibility finding because the appellants' account contained material inconsistencies and implausibilities, corroboration was weak and country‑condition evidence indicated low risk to mere associates of weakened militant movements; accordingly the appellants failed to prove on a balance of probabilities that they are Convention refugees or persons in need of protection, and the RPD determination is confirmed pursuant to s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • The determination of the RPD is confirmed that the appellants are neither Convention refugees nor persons in need of protection