MB6-07044

MB6-07044

The RAD confirmed the RPD decision because the appellant's substantial unexplained delay in claiming refugee protection and lack of corroborative evidence undermined the credibility of his asserted sexual orientation and his subjective fear of persecution, which fatally defeated his refugee claim.

Citation
MB6-07044
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 July 2018
Procedural Posture
Refugee Appeal (rad) / Decision on Appeal
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Credibility Assessment, Delay in Claiming Refugee Protection, Sexual Orientation (sogie), Convention Refugee Status, Person in Need of Protection
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Delay in Claiming Refugee Protection Sexual Orientation (sogie) Convention Refugee Status Person in Need of Protection

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (rad) / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellant's sexual orientation
  2. 2 Whether the appellant's delay in claiming refugee protection undermines his subjective fear
  3. 3 Whether corroborative evidence was required to establish sexual orientation and fear

Ratio Decidendi

The RAD confirmed the RPD decision because the appellant's substantial unexplained delay in claiming refugee protection and lack of corroborative evidence undermined the credibility of his asserted sexual orientation and his subjective fear of persecution, which fatally defeated his refugee claim.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • Appeal dismissed; RAD confirms RPD that appellant is not a Convention refugee under section 96 of the IRPA nor a person in need of protection within section 97 of the IRPA.