TB5-05404

TB5-05404

The appeal is dismissed because the RAD, conducting an independent assessment while respecting RPD credibility findings, concluded that cumulative adverse credibility findings and lack of corroboration undermine the central allegations; the claimed harm arises from prosecution for concealing another (a law of general application) and not from a Convention ground, and potential sanctions would not meet the threshold of persecution or section 97 harm; accordingly the RPD determination is confirmed under s.111(1)(a) IRPA.

Citation
TB5-05404
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 July 2015
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (confirmation)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Well Founded Fear, Credibility and Corroboration, Nexus to Convention Grounds, Law of General Application, Exit Controls/golden Shield, RAD Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Well Founded Fear Credibility and Corroboration Nexus to Convention Grounds Law of General Application +2 more

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (confirmation)

Legal Issues

  1. 1 Failure to provide corroborating documentation
  2. 2 Implausibility of exit/travel given national database/Golden Shield and use of smuggler
  3. 3 RPD failure to explicitly assess central allegation of harbouring

Ratio Decidendi

The appeal is dismissed because the RAD, conducting an independent assessment while respecting RPD credibility findings, concluded that cumulative adverse credibility findings and lack of corroboration undermine the central allegations; the claimed harm arises from prosecution for concealing another (a law of general application) and not from a Convention ground, and potential sanctions would not meet the threshold of persecution or section 97 harm; accordingly the RPD determination is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD determination confirmed pursuant to s.111(1)(a) of the IRPA
  • Minor Appellant's appeal dismissed