MB7-00291

MB7-00291

The RAD confirmed the RPD: the appellant is or may be an atheist but failed to establish a well‑founded fear of persecution because he did not make his apostasy public or proselytize, omitted central allegations (insults on Facebook and parental threats) from his Basis of Claim which undermined credibility, and...

Source-derived case information.

Citation
MB7-00291
Parties
Appellant: XXXX XXXX; Intervener: Minister of Public Safety of Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 September 2018
Procedural Posture
Refugee Protection Claim Appeal Under IRPA / Final Decision by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Convention Refugee Status, Person in Need of Protection, Apostasy, Persecution, Standard of Review
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Person in Need of Protection Apostasy Persecution +1 more

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Parties

XXXX XXXX

Appellant

Minister of Public Safety of Canada

Intervener

Procedural Posture

Refugee Protection Claim Appeal Under IRPA / Final Decision by Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellant's credibility
  2. 2 Whether the appellant established a well‑founded fear of persecution as an atheist on return to Morocco
  3. 3 Whether documentary evidence establishes a risk to atheists in Morocco

Ratio Decidendi

The RAD confirmed the RPD: the appellant is or may be an atheist but failed to establish a well‑founded fear of persecution because he did not make his apostasy public or proselytize, omitted central allegations (insults on Facebook and parental threats) from his Basis of Claim which undermined credibility, and documentary evidence indicates atheists in Morocco generally do not face persecution if they do not proselytize or make their apostasy public.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The appeal is dismissed.
  • Confirm RPD determination that the appellant is neither a Convention refugee under section 96 of IRPA nor a person in need of protection under section 97 of IRPA.