MB9-08482

MB9-08482

The RPD did not err: the principal appellant's omission of his ex-wife on the IMM 0008 and his failure to produce any reliable corroborative documents justified adverse credibility findings and negative inferences, and on the balance of probabilities he did not establish he is a Convention refugee or person in need of protection.

Citation
MB9-08482
Parties
Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 January 2020
Procedural Posture
Refugee Appeal / Final Decision (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Credibility, Corroboration, Refusal of Refugee Protection, Risk Assessment, Negative Inference
Source Language
English
Immigration Refugee Law Administrative Law Credibility Corroboration Refusal of Refugee Protection Risk Assessment Negative Inference

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal / Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the RPD erred in drawing a negative inference from the appellant's failure to disclose his ex-wife on the IMM 0008
  2. 2 Whether the RPD erred in drawing a negative inference from the lack of corroborative documentary evidence
  3. 3 Whether the appellant's education level and use of an interpreter sufficiently explain omissions and credibility issues

Ratio Decidendi

The RPD did not err: the principal appellant's omission of his ex-wife on the IMM 0008 and his failure to produce any reliable corroborative documents justified adverse credibility findings and negative inferences, and on the balance of probabilities he did not establish he is a Convention refugee or person in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed and RPD determination confirmed that the appellants are not Convention refugees or persons in need of protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act; paragraph 111(1)(a) IRPA applied.