MB9-28901

MB9-28901

Appeal dismissed because independent assessment finds the principal claimant's evidence is not credible on central issues and documentary evidence lacks sufficient probative value, therefore appellants failed to establish a serious possibility of persecution or material risk of torture or death on return.

Citation
MB9-28901
Parties
Appellant: Principal Appellant (PA); Appellant: Minor Appellant 1; Appellant: Minor Appellant 2; Appellant: Minor Appellant 3
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 March 2020
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Appeal Decision (written Reasons)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Convention Refugee Determination, Corroborative Evidence, Female Genital Mutilation (fgm) Risk, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Corroborative Evidence Female Genital Mutilation (fgm) Risk Standard of Review

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Principal Appellant (PA)

Appellant

Minor Appellant 1

Appellant

Minor Appellant 2

Appellant

Minor Appellant 3

Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Appeal Decision (written Reasons)

Legal Issues

  1. 1 Whether the principal claimant's evidence is credible
  2. 2 Whether appellants meet definition of Convention refugee
  3. 3 Whether appellants are persons in need of protection (risk of torture, risk to life, cruel and unusual treatment)

Ratio Decidendi

Appeal dismissed because independent assessment finds the principal claimant's evidence is not credible on central issues and documentary evidence lacks sufficient probative value, therefore appellants failed to establish a serious possibility of persecution or material risk of torture or death on return.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Dismiss appeal pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act; confirm RPD decision that appellants are neither Convention refugees nor persons in need of protection
  • No remittal; no further evidence or oral hearing ordered