TB9-16504

TB9-16504

The RAD confirmed the RPD's adverse credibility findings and dismissal because the Appellants failed to provide sufficiently persuasive and corroborative evidence on a balance of probabilities to establish an objective risk of persecution for opposing FGM or refusing recruitment by IPOB/Secret Society; the alleged recruitment letter was not credible, corroborative affidavits and reports were of limited probative value, and country documentation did not demonstrate the Appellants were similarly situated to those at risk; therefore they are neither Convention refugees nor persons in need of protection under IRPA.

Citation
TB9-16504
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 February 2020
Procedural Posture
Refugee Protection Appeal / Final Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Refugee Protection, Credibility Assessment, Female Genital Mutilation (fgm), Forced Recruitment, Corroboration of Evidence, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Assessment Female Genital Mutilation (fgm) Forced Recruitment Corroboration of Evidence +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Protection Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether Appellants established objective risk of persecution for opposing FGM/circumcision by extended family
  2. 2 Whether Appellants established objective risk of persecution or serious harm from IPOB/Secret Society recruitment and threats
  3. 3 Whether RPD properly assessed credibility and weighed corroborative evidence including affidavits and psychiatric report

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings and dismissal because the Appellants failed to provide sufficiently persuasive and corroborative evidence on a balance of probabilities to establish an objective risk of persecution for opposing FGM or refusing recruitment by IPOB/Secret Society; the alleged recruitment letter was not credible, corroborative affidavits and reports were of limited probative value, and country documentation did not demonstrate the Appellants were similarly situated to those at risk; therefore they are neither Convention refugees nor persons in need of protection under IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed that the Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act