MB7-23994

MB7-23994

The appeal is dismissed because the determinative issue was credibility and the RAD independently found the RPD's negative credibility inferences justified: the appellant could not provide necessary details about the alleged assault she witnessed or her asserted 30-minute radio denunciation, produced a questionable supporting document obtained via an aunt, and gave implausible explanations for not contacting the victim or warning classmates; consequently she failed to meet the evidentiary threshold to establish persecution or need for protection.

Citation
MB7-23994
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 August 2018
Procedural Posture
Refugee Appeal / Decision at Refugee Appeal Division (rad) Dismissal of Appeal
Outcome
Appeal dismissed; RPD decision confirmed that appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Internal Flight Alternative, Standard of Review, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Convention Refugee Person in Need of Protection Internal Flight Alternative Standard of Review +1 more

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / Decision at Refugee Appeal Division (rad) Dismissal of Appeal

Legal Issues

  1. 1 Whether the appellant is a Convention refugee
  2. 2 Whether the appellant is a person in need of protection
  3. 3 Credibility of the appellant's testimony

Ratio Decidendi

The appeal is dismissed because the determinative issue was credibility and the RAD independently found the RPD's negative credibility inferences justified: the appellant could not provide necessary details about the alleged assault she witnessed or her asserted 30-minute radio denunciation, produced a questionable supporting document obtained via an aunt, and gave implausible explanations for not contacting the victim or warning classmates; consequently she failed to meet the evidentiary threshold to establish persecution or need for protection.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellant is neither a Convention refugee nor a person in need of protection

Orders

  • The RAD dismisses the appeal and confirms the RPD determination dated November 7, 2017, pursuant to subsection 111(1) of the IRPA