MB9-01387

MB9-01387

The appeal is dismissed because the RAD found the RPD's adverse credibility findings justified by numerous, material inconsistencies (including between the police complaint and testimony and between testimony and the medical certificate), and the evidence failed to establish a nexus to a Convention ground or a serious possibility of persecution beyond generalized insecurity and kidnapping risk.

Citation
MB9-01387
Parties
Appellant: XXXX XXXX; Minor Child: XXXX XXXX XXXX; Minor Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 November 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / RAD Decision on Appeal From Refugee Protection Division Determination (reasons and Decision)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility, Persecution, Gender‑based Violence, Kidnapping, Particular Social Group, Country Conditions, Probative Value of Evidence
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Credibility Persecution Gender‑based Violence Kidnapping Particular Social Group +2 more

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Minor Child

XXXX XXXX

Minor Child

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / RAD Decision on Appeal From Refugee Protection Division Determination (reasons and Decision)

Legal Issues

  1. 1 Whether the appellant's account of the 19 January 2008 assault is credible
  2. 2 Whether the appellant established a nexus between alleged harm and a Convention ground
  3. 3 Whether the appellant faces gender‑based persecution as a woman

Ratio Decidendi

The appeal is dismissed because the RAD found the RPD's adverse credibility findings justified by numerous, material inconsistencies (including between the police complaint and testimony and between testimony and the medical certificate), and the evidence failed to establish a nexus to a Convention ground or a serious possibility of persecution beyond generalized insecurity and kidnapping risk.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed and the determination of the Refugee Protection Division dated December 11, 2018 is confirmed: the appellants are neither Convention refugees nor persons in need of protection under sections 96 or 97 of the Immigration and Refugee Protection Act.