MB9-05488

MB9-05488

Although the RAD found multiple RPD credibility findings to be incorrect, a serious unexplained inconsistency—the appellant's testimony conflicting with the medical report stating he was brought to hospital unconscious after the second alleged detention—was upheld and considered dispositive; that inconsistency,...

Source-derived case information.

Citation
MB9-05488
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 January 2020
Procedural Posture
Refugee Appeal / RAD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Persecution, Torture, Sexual Assault, Medical Evidence, Affidavit Weight, Corroboration, Judicial Review
Source Language
english
Immigration Refugee Law Administrative Law Credibility Assessment Persecution Torture Sexual Assault Medical Evidence +3 more

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / RAD Decision

Legal Issues

  1. 1 Whether the RPD correctly assessed credibility of the appellants' testimony
  2. 2 Whether documentary and medical evidence corroborated the appellants' account
  3. 3 Whether affidavits were properly weighed after adverse credibility findings

Ratio Decidendi

Although the RAD found multiple RPD credibility findings to be incorrect, a serious unexplained inconsistency—the appellant's testimony conflicting with the medical report stating he was brought to hospital unconscious after the second alleged detention—was upheld and considered dispositive; that inconsistency, combined with other upheld credibility findings, justified confirming the RPD's rejection of the refugee claims.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act