MB9-01841

MB9-01841

The RAD dismissed the appeal because, on independent review, the RPD had serious reasons to doubt the appellants' claims of conversion and associated risk: material inconsistencies (including statements to immigration authorities and Exhibit P-4), travel to country of origin after alleged conversion, prior adverse asylum credibility finding in the United States, lack of baptism or steps toward conversion, and absence of expected corroborating evidence together rebut the presumption of truth and defeat the refugee protection claims.

Citation
MB9-01841
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXXXXXX; Minor Appellant (designated Representative: XXXX Xxxx): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 December 2019
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Disposition)
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Credibility Assessment, Religious Conversion, Corroboration, Convention Refugee Determination, Deference and Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Religious Conversion Corroboration Convention Refugee Determination Deference and Standard of Review

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXXXXXX

Appellant

XXXX XXXX

Minor Appellant (designated Representative: XXXX Xxxx)

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Disposition)

Legal Issues

  1. 1 Whether appellants credibly established conversion to Christianity
  2. 2 Whether lack of corroboration justifies negative inference
  3. 3 Whether minor child (US citizen) faces a serious possibility of persecution

Ratio Decidendi

The RAD dismissed the appeal because, on independent review, the RPD had serious reasons to doubt the appellants' claims of conversion and associated risk: material inconsistencies (including statements to immigration authorities and Exhibit P-4), travel to country of origin after alleged conversion, prior adverse asylum credibility finding in the United States, lack of baptism or steps toward conversion, and absence of expected corroborating evidence together rebut the presumption of truth and defeat the refugee protection claims.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • The Refugee Appeal Division dismisses the appeal and confirms the Refugee Protection Division determination that appellants XXXX XXXX, XXXX XXXXXXXX and XXXX XXXX are neither Convention refugees nor persons in need of protection.