MB8-21024

MB8-21024

The appeal is dismissed because the RPD correctly found the appellant's allegations not credible based on significant unexplained discrepancies and omissions in the BOC and testimony and a failure to produce available corroborative evidence, and those credibility findings defeat the claims under both sections 96 and...

Source-derived case information.

Citation
MB8-21024
Parties
Appellant: XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 August 2020
Procedural Posture
Refugee Appeal (rad) / Final Decision (dismissed)
Outcome
Appeal dismissed; RPD decision upheld; Appellant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Corroboration, Well Founded Fear, Section 96, Section 97
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Convention Refugee Person in Need of Protection Corroboration Well Founded Fear +2 more

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Summary, issues, holding and outcome

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Parties

XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (rad) / Final Decision (dismissed)

Legal Issues

  1. 1 Whether the RPD erred in finding the claimant not credible
  2. 2 Whether omissions and inconsistencies between the BOC and testimony justify adverse credibility findings
  3. 3 Whether failure to provide available corroborative documents justifies negative inference

Ratio Decidendi

The appeal is dismissed because the RPD correctly found the appellant's allegations not credible based on significant unexplained discrepancies and omissions in the BOC and testimony and a failure to produce available corroborative evidence, and those credibility findings defeat the claims under both sections 96 and 97.

Court Disposition

Appeal dismissed; RPD decision upheld; Appellant is neither a Convention refugee nor a person in need of protection.

Orders

  • Appeal dismissed
  • RPD decision upheld