TB8-17614

TB8-17614

The RPD's credibility findings were correct and determinative: two support letters were implausibly identical and therefore given no weight, the claimant's inconsistent explanations for not leaving Pakistan and his voluntary returns undermined subjective fear and the existence of an agent of harm, and there was no denial of procedural fairness; accordingly the Appellants are neither Convention Refugees nor persons in need of protection.

Citation
TB8-17614
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 December 2019
Procedural Posture
Refugee Appeal / Decision on Appeal (written)
Outcome
Appeals dismissed; RPD decision confirmed
Legal Topics
Credibility, Procedural Fairness, Internal Flight Alternative, Convention Refugee Test, Risk of Persecution, Residual Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Procedural Fairness Internal Flight Alternative Convention Refugee Test Risk of Persecution +1 more

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal (written)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether procedural fairness/natural justice was denied
  3. 3 Whether documentary evidence was probative or implausible

Ratio Decidendi

The RPD's credibility findings were correct and determinative: two support letters were implausibly identical and therefore given no weight, the claimant's inconsistent explanations for not leaving Pakistan and his voluntary returns undermined subjective fear and the existence of an agent of harm, and there was no denial of procedural fairness; accordingly the Appellants are neither Convention Refugees nor persons in need of protection.

Court Disposition

Appeals dismissed; RPD decision confirmed

Orders

  • Appeals dismissed
  • Refugee Protection Division decision of July 9, 2018 confirmed