MB9-05575

MB9-05575

Although the RPD made an error in its credibility analysis regarding one date, the totality of material inconsistencies in oral testimony, documentary contradictions and unexplained delays undermined the appellants' claims; the female appellant failed to establish a serious possibility of persecution on the basis of being a woman or family member, so the RPD decision is confirmed.

Citation
MB9-05575
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 December 2019
Procedural Posture
Refugee Appeal / Decision (appeal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Particular Social Group, Gender Based Persecution, Persecution Based on Sexual Orientation, Country Risk Assessment
Source Language
English
Immigration Refugee Law Human Rights Credibility Assessment Particular Social Group Gender Based Persecution Persecution Based on Sexual Orientation Country Risk Assessment

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / Decision (appeal)

Legal Issues

  1. 1 Did the RPD err in assessing the principal appellant's credibility and was any error fatal?
  2. 2 Did the RPD fail to assess the female appellant's and minor child's risk on the basis of membership in the particular social group of women and family?

Ratio Decidendi

Although the RPD made an error in its credibility analysis regarding one date, the totality of material inconsistencies in oral testimony, documentary contradictions and unexplained delays undermined the appellants' claims; the female appellant failed to establish a serious possibility of persecution on the basis of being a woman or family member, so the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act; appellants are neither Convention refugees nor persons in need of protection