TB8-03010

TB8-03010

The RAD found no determinative error in the RPD's credibility assessment; the principal Appellant's material omissions, contradictions and use of fraudulent documents undermine his claim to be bisexual on the balance of probabilities, so the dependent claims fail and there is no serious possibility of persecution under section 96 nor is the section 97 threshold met.

Citation
TB8-03010
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 November 2018
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Decision by Refugee Appeal Division (rad) on November 30, 2018
Outcome
Appeal dismissed
Legal Topics
Sexual Orientation, Credibility Assessment, Documentary Evidence, Persecution Risk, SOGIE Guideline
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Sexual Orientation Credibility Assessment Documentary Evidence Persecution Risk +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Decision by Refugee Appeal Division (rad) on November 30, 2018

Legal Issues

  1. 1 Whether the RPD erred in assessing the Appellants' credibility and documentary evidence
  2. 2 Whether the principal Appellant is a bisexual man on a balance of probabilities
  3. 3 Whether the Appellants meet the protection thresholds under section 96 and section 97 of IRPA

Ratio Decidendi

The RAD found no determinative error in the RPD's credibility assessment; the principal Appellant's material omissions, contradictions and use of fraudulent documents undermine his claim to be bisexual on the balance of probabilities, so the dependent claims fail and there is no serious possibility of persecution under section 96 nor is the section 97 threshold met.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Appellants are not refugees and not persons in need of protection; the designation of the principal Appellant as representative for the minor continues for the appeal.