MC1-06920

MC1-06920

The appeal is dismissed because the RPD correctly found that late, material omissions and amendments, together with lack of corroboration and incompatible conduct, rendered the Appellants' account not credible and therefore they failed to establish they are Convention refugees or persons in need of protection.

Citation
MC1-06920
Parties
Appellant: XXXX XXXX; Appellant Spouse: XXXX XXXX; Appellant Adult Child: XXXX XXXX; Appellant Minor Child: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 December 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility, Convention Refugee Status, State Protection, Gender Based Persecution, Torture and Ill Treatment, Delay and Re Availment, Corroboration, Sexual Assault, Corroborative Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Convention Refugee Status State Protection Gender Based Persecution +5 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Appellant Spouse

XXXX XXXX

Appellant Adult Child

XXXX XXXX XXXX

Appellant Minor Child

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the Appellants are credible given late and material amendments to their narrative
  2. 2 Whether supporting documents and affidavits corroborate the claimed events
  3. 3 Whether alleged sexual assault is proven on a balance of probabilities and linked to a Convention ground

Ratio Decidendi

The appeal is dismissed because the RPD correctly found that late, material omissions and amendments, together with lack of corroboration and incompatible conduct, rendered the Appellants' account not credible and therefore they failed to establish they are Convention refugees or persons in need of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed