TB5-08248

TB5-08248

Appeal dismissed and RPD decision confirmed because appellants failed to prove a well‑founded fear of persecution on return—credibility deficiencies, long delay in claiming protection and absence of evidence of ongoing risk render s.108 inapplicable and there is no serious possibility of persecution, torture or cruel and unusual treatment on return.

Citation
TB5-08248
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 November 2015
Procedural Posture
Refugee Appeal (refugee Appeal Division) / RAD Decision on Appeal Confirming RPD Determination
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection (s.111(1)(a) IRPA)
Legal Topics
Refugee Protection, Well‑founded Fear, Credibility Findings, Compelling Reasons (s.108 Irpa), Statutory Confirmation (s.111 Irpa)
Source Language
English
Immigration Law Refugee Law Refugee Protection Well‑founded Fear Credibility Findings Compelling Reasons (s.108 Irpa) Statutory Confirmation (s.111 Irpa)

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / RAD Decision on Appeal Confirming RPD Determination

Legal Issues

  1. 1 Whether appellants have an objectively or subjectively well‑founded fear of persecution on return to St. Vincent and the Grenadines
  2. 2 Whether the RAD should overturn RPD credibility findings or defer to them
  3. 3 Whether the compelling‑reasons exception in s.108 IRPA applies

Ratio Decidendi

Appeal dismissed and RPD decision confirmed because appellants failed to prove a well‑founded fear of persecution on return—credibility deficiencies, long delay in claiming protection and absence of evidence of ongoing risk render s.108 inapplicable and there is no serious possibility of persecution, torture or cruel and unusual treatment on return.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection (s.111(1)(a) IRPA)

Orders

  • Appeal dismissed and RPD decision confirmed under section 111(1)(a) of IRPA