MC1-11357

MC1-11357

Appeal dismissed because appellants failed to establish a subjective fear of persecution; RPD's adverse credibility findings were supported by contradictions, omissions, inconsistent conduct (notably delay in filing and return to Algeria), and no breach of procedural fairness was established.

Citation
MC1-11357
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 March 2022
Procedural Posture
Refugee Appeal / Final Decision on Appeal
Outcome
Appeal dismissed and RPD determination confirmed
Legal Topics
Credibility, Procedural Fairness, Subjective Fear of Persecution, Delay in Filing, Return to Country of Origin
Source Language
English
Immigration Refugee Law Administrative Law Credibility Procedural Fairness Subjective Fear of Persecution Delay in Filing Return to Country of Origin

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the RPD breached procedural fairness
  2. 2 Whether the appellants established a subjective fear of persecution for reasons of religion
  3. 3 Whether delay in filing and return to Algeria undermine credibility

Ratio Decidendi

Appeal dismissed because appellants failed to establish a subjective fear of persecution; RPD's adverse credibility findings were supported by contradictions, omissions, inconsistent conduct (notably delay in filing and return to Algeria), and no breach of procedural fairness was established.

Court Disposition

Appeal dismissed and RPD determination confirmed

Orders

  • Appeal dismissed and RPD decision confirmed