MB8-04751

MB8-04751

The RAD affirmed the RPD's adverse credibility findings — material inconsistencies in the appellant's testimony, the timing and content of the complaint to authorities, failure to preserve or produce alleged threatening texts, and the appellant's month‑long return to Guatemala inconsistent with a genuine subjective fear — and concluded these findings establish that the appellant did not prove he would face a serious possibility of persecution or personal risk of harm; therefore the RPD decision that he is neither a Convention refugee nor a person in need of protection is confirmed.

Citation
MB8-04751
Parties
Appellant/person in Cause: XXXX XXXX XXXX; Respondent: Refugee Protection Division; Decision Maker/panel: Refugee Appeal Division (RAD)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 July 2019
Procedural Posture
Refugee Protection Appeal / Appeal Decision (rad)
Outcome
appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, State Protection, Sexual Orientation, Refugee Status Determination, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment State Protection Sexual Orientation Refugee Status Determination Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Appellant/person in Cause

Refugee Protection Division

Respondent

Refugee Appeal Division (RAD)

Decision Maker/panel

Procedural Posture

Refugee Protection Appeal / Appeal Decision (rad)

Legal Issues

  1. 1 credibility of alleged death threats by former in-laws
  2. 2 compatibility of claimant's conduct (return to Guatemala) with alleged subjective fear
  3. 3 delay and content of complaint to authorities and its effect on credibility

Ratio Decidendi

The RAD affirmed the RPD's adverse credibility findings — material inconsistencies in the appellant's testimony, the timing and content of the complaint to authorities, failure to preserve or produce alleged threatening texts, and the appellant's month‑long return to Guatemala inconsistent with a genuine subjective fear — and concluded these findings establish that the appellant did not prove he would face a serious possibility of persecution or personal risk of harm; therefore the RPD decision that he is neither a Convention refugee nor a person in need of protection is confirmed.

Court Disposition

appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the RPD confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act