MB8-24639

MB8-24639

The appeal is dismissed because the RPD's credibility findings—based on inconsistent and shifting testimony, unexplained omissions, lack of corroborating evidence and implausibilities—were reasonable; the unsigned transmittal was an administrative error and did not breach natural justice; exclusion under Article 1E was not determinative; appellants failed to show a serious possibility of persecution or, on balance of probabilities, a risk to life or cruel and unusual treatment.

Citation
MB8-24639
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 July 2019
Procedural Posture
Refugee Appeal / RAD Decision (reasons and Decision)
Outcome
appeal dismissed
Legal Topics
Credibility Assessment, Exclusion Under Article 1 E, Gender Based Persecution, Procedural Fairness (natural Justice), Corroboration and Documentary Evidence
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Credibility Assessment Exclusion Under Article 1 E Gender Based Persecution Procedural Fairness (natural Justice) Corroboration and Documentary Evidence

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / RAD Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the RPD breached natural justice by sending an unsigned decision copy
  2. 2 Whether appellants are excluded from Convention protection due to status in Brazil (Article 1E/section 98 IRPA)
  3. 3 Whether the appellants' testimony (male and female) was credible

Ratio Decidendi

The appeal is dismissed because the RPD's credibility findings—based on inconsistent and shifting testimony, unexplained omissions, lack of corroborating evidence and implausibilities—were reasonable; the unsigned transmittal was an administrative error and did not breach natural justice; exclusion under Article 1E was not determinative; appellants failed to show a serious possibility of persecution or, on balance of probabilities, a risk to life or cruel and unusual treatment.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed