MB8-05666

MB8-05666

The appeal is dismissed because the determinative issue is credibility and the appellant failed to prove on a balance of probabilities that XXXX can hire goons or improperly influence the police; significant omissions and the introduction of new agents of persecution undermined the appellant's credibility and the supporting letter was speculative and not probative, therefore the RPD's finding that the appellant is neither a Convention refugee nor a person in need of protection is confirmed.

Citation
MB8-05666
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 September 2019
Procedural Posture
Refugee Protection Appeal / Decision
Outcome
Appeal dismissed; RPD determination confirmed that appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Persecution, Agents of Persecution, Police Influence, Omissions From Basis of Claim
Source Language
English
Immigration Refugee Law Administrative Law Credibility Persecution Agents of Persecution Police Influence Omissions From Basis of Claim

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Decision

Legal Issues

  1. 1 Whether the appellant proved on a balance of probabilities that XXXX can hire goons to persecute him
  2. 2 Whether the appellant proved that XXXX can improperly influence the police
  3. 3 Whether omissions and inconsistencies in the Basis of Claim Form and testimony undermine credibility

Ratio Decidendi

The appeal is dismissed because the determinative issue is credibility and the appellant failed to prove on a balance of probabilities that XXXX can hire goons or improperly influence the police; significant omissions and the introduction of new agents of persecution undermined the appellant's credibility and the supporting letter was speculative and not probative, therefore the RPD's finding that the appellant is neither a Convention refugee nor a person in need of protection is confirmed.

Court Disposition

Appeal dismissed; RPD determination confirmed that appellant is neither a Convention refugee nor a person in need of protection

Orders

  • Pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act, the Refugee Appeal Division dismisses the appeal and confirms the Refugee Protection Division determination