MB9-11480

MB9-11480

Contradictions between oral testimony, the refugee claim, and nearly identical justice of the peace reports rebutted the presumption of truthfulness; the credible documentary record did not establish on a balance of probabilities a serious possibility of persecution to the appellant or her children, therefore the appeals fail.

Citation
MB9-11480
Parties
Appellant: XXXX XXXX; Appellant Minor Daughter: XXXX XXXX XXXX; Appellant Minor Son: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 December 2019
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeals dismissed
Legal Topics
Credibility Assessment, Risk Assessment, Gender Based Persecution, Family Member Risk, Documentary Evidence Authenticity
Source Language
English
Immigration Law Refugee Law Credibility Assessment Risk Assessment Gender Based Persecution Family Member Risk Documentary Evidence Authenticity

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant Minor Daughter

XXXX XXXX XXXX XXXX

Appellant Minor Son

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether contradictions in evidence rebutted presumption of truthfulness of testimony
  2. 2 Whether appellant would face a serious possibility of persecution in Haiti owing to her profile as a woman and investigator of rape complaints
  3. 3 Whether the appellant's children would face a risk in their countries of nationality owing to the appellant's activities

Ratio Decidendi

Contradictions between oral testimony, the refugee claim, and nearly identical justice of the peace reports rebutted the presumption of truthfulness; the credible documentary record did not establish on a balance of probabilities a serious possibility of persecution to the appellant or her children, therefore the appeals fail.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed