MB9-05328

MB9-05328

The RAD affirmed the RPD's adverse credibility finding because significant contradictions and omissions between the appellant's testimony and his documentary evidence rebutted the presumption of truth, and on that basis there was no serious possibility of persecution or risk of cruel and unusual treatment; therefore the appeal was dismissed.

Citation
MB9-05328
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 February 2020
Procedural Posture
Refugee Protection Appeal / Final Decision by Refugee Appeal Division
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility, Presumption of Truth, Convention Refugee, Need for Protection, Documentary Inconsistencies, Contradictions and Omissions
Source Language
English
Immigration Refugee Law Administrative Law Credibility Presumption of Truth Convention Refugee Need for Protection Documentary Inconsistencies +1 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Final Decision by Refugee Appeal Division

Legal Issues

  1. 1 credibility of principal appellant
  2. 2 rebuttal of presumption of truth for sworn testimony
  3. 3 risk to minors based on separation

Ratio Decidendi

The RAD affirmed the RPD's adverse credibility finding because significant contradictions and omissions between the appellant's testimony and his documentary evidence rebutted the presumption of truth, and on that basis there was no serious possibility of persecution or risk of cruel and unusual treatment; therefore the appeal was dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed and Refugee Protection Division decision confirmed; appellants are neither Convention refugees nor persons in need of protection.