TB7-09733

TB7-09733

The RAD confirmed the RPD: on a balance of probabilities the Appellant failed to establish she converted to or genuinely practises the Ahmadi faith due to material inconsistencies and a lack of reasonable corroboration; absent proven conversion or family conversion the evidence did not establish a serious possibility of persecution on protected grounds and the section 97 claim likewise failed.

Citation
TB7-09733
Parties
Appellant: XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 January 2018
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division (rad) From a Refugee Protection Division (rpd) Decision; RAD Final Decision
Outcome
Appeal dismissed; RAD confirms RPD that Appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Persecution, Credibility Findings, Corroborative Evidence, Section 97 Risk to Life, Particular Social Group, Religious Persecution
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Persecution Credibility Findings Corroborative Evidence Section 97 Risk to Life +2 more

Case Brief

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Parties

XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division (rad) From a Refugee Protection Division (rpd) Decision; RAD Final Decision

Legal Issues

  1. 1 Whether the Appellant converted to and genuinely practices the Ahmadi faith
  2. 2 Whether the RPD erred in adverse credibility findings and in weighing corroborative evidence
  3. 3 Whether the Appellant faces a serious possibility of persecution based on membership in a particular social group or perceived religious opinion

Ratio Decidendi

The RAD confirmed the RPD: on a balance of probabilities the Appellant failed to establish she converted to or genuinely practises the Ahmadi faith due to material inconsistencies and a lack of reasonable corroboration; absent proven conversion or family conversion the evidence did not establish a serious possibility of persecution on protected grounds and the section 97 claim likewise failed.

Court Disposition

Appeal dismissed; RAD confirms RPD that Appellant is neither a Convention refugee nor a person in need of protection

Orders

  • Decision of the RPD confirmed pursuant to subsection 111(1)(a) IRPA
  • No referral to the RPD; appeal dismissed