MB8-24333

MB8-24333

The appeal is dismissed because the RAD found no error in the RPD's credibility findings—the appellant's vague, inconsistent and evolving testimony about membership, documents and the alleged interview, together with conduct inconsistent with an asserted fear (failure to claim asylum in the United States),...

Source-derived case information.

Citation
MB8-24333
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 June 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of Refugee Protection Division Decision) / Reasons and Final Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Credibility Assessment, Membership in a Political Group, Failure to Seek Asylum in the United States, Gender Based Persecution, Protection of a Minor
Source Language
english
Immigration Law Refugee Law Asylum Administrative Law Credibility Assessment Membership in a Political Group Failure to Seek Asylum in the United States Gender Based Persecution +1 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of Refugee Protection Division Decision) / Reasons and Final Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellant's credibility
  2. 2 Whether the appellant was a member of the political group 'Avance Haïti PI Devant' and whether that membership led to persecution
  3. 3 Whether the appellant's failure to claim asylum in the United States undermines her fear of return

Ratio Decidendi

The appeal is dismissed because the RAD found no error in the RPD's credibility findings—the appellant's vague, inconsistent and evolving testimony about membership, documents and the alleged interview, together with conduct inconsistent with an asserted fear (failure to claim asylum in the United States), undermined the claim; the appellant did not establish a well‑founded fear of persecution on the basis of gender, and the minor made no claim for protection.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No grant of refugee protection or finding of need for protection for either the adult appellant or the minor appellant