TB9-00702

TB9-00702

The RPD's adverse credibility findings on core issues — specifically the implausible explanation for the packing slip indicating communication with the alleged persecutors and the material inconsistency between the police letter and the Appellants' statements about the attack — were sound and fatal to the refugee...

Source-derived case information.

Citation
TB9-00702
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 August 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division on the Record; No New Evidence or Oral Hearing (s.110(6) Irpa)
Outcome
Appeals dismissed; RPD decision confirmed that the Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Documentary Evidence, Residual Risk, Standard of Review
Source Language
english
Immigration Refugee Law Administrative Law Evidence Law Convention Refugee Person in Need of Protection Credibility Assessment Documentary Evidence +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division on the Record; No New Evidence or Oral Hearing (s.110(6) Irpa)

Legal Issues

  1. 1 Whether the RPD erred in finding meaningful omissions in amended Basis of Claim forms
  2. 2 Whether the RPD erred in assessing weight and credibility of the letter to police
  3. 3 Whether the RPD's implausibility finding about the packing slip (communication with alleged persecutors) was justified

Ratio Decidendi

The RPD's adverse credibility findings on core issues — specifically the implausible explanation for the packing slip indicating communication with the alleged persecutors and the material inconsistency between the police letter and the Appellants' statements about the attack — were sound and fatal to the refugee claims; those findings justified confirming the RPD's decision that the Appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeals dismissed; RPD decision confirmed that the Appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeals dismissed pursuant to paragraph 111(1)(a) of the IRPA; RPD decision of December 12, 2018 confirmed