VB5-02989

VB5-02989

The RAD confirmed the RPD: appellants' credibility was properly doubted on material inconsistencies; cumulative incidents did not amount to persecution; state protection was available and an internal flight alternative existed in another area of Istanbul; accordingly appellants are neither Convention refugees nor...

Source-derived case information.

Citation
VB5-02989
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 February 2016
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / RAD Decision Confirming RPD Determination on Appeal (final)
Outcome
appeal rejected; RAD confirms RPD determination that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Internal Flight Alternative, State Protection, Persecution, Standard of Review
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative State Protection Persecution Standard of Review

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / RAD Decision Confirming RPD Determination on Appeal (final)

Legal Issues

  1. 1 whether RPD credibility findings were justified
  2. 2 whether cumulative discrimination amounts to persecution
  3. 3 whether state protection was available in Turkey

Ratio Decidendi

The RAD confirmed the RPD: appellants' credibility was properly doubted on material inconsistencies; cumulative incidents did not amount to persecution; state protection was available and an internal flight alternative existed in another area of Istanbul; accordingly appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

appeal rejected; RAD confirms RPD determination that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act the RAD confirms the RPD decision; appeal dismissed