MB9-11953

MB9-11953

The RAD confirmed the RPD's finding that the appellants lacked credibility based on material contradictions between testimony and documentary evidence, significant and belated amendments to the Basis of Claim form, inconsistent explanations regarding medical and police documentation, omissions on statutory forms,...

Source-derived case information.

Citation
MB9-11953
Parties
Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 March 2020
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Refugee Protection, Gender Based Persecution
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment Refugee Protection Gender Based Persecution

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the appellants meet the definitions of Convention refugee or person in need of protection under sections 96 and 97 of the IRPA
  3. 3 Whether the RPD failed to consider evidence and improperly penalized the appellant for amending the Basis of Claim form

Ratio Decidendi

The RAD confirmed the RPD's finding that the appellants lacked credibility based on material contradictions between testimony and documentary evidence, significant and belated amendments to the Basis of Claim form, inconsistent explanations regarding medical and police documentation, omissions on statutory forms, and unpersuasive fear evidence; accordingly the appellants are neither Convention refugees nor persons in need of protection under sections 96 and 97 of the IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The determination of the Refugee Protection Division dated May 10, 2019 is confirmed
  • XXXX XXXX and XXXX XXXX XXXX are neither Convention refugees under section 96 of the IRPA nor persons in need of protection under section 97 of the IRPA