VC2-03655

VC2-03655

The RPD properly found the appellants' testimony not credible due to major inconsistencies (notably a contradictory CBSA interview), and therefore they failed to establish prospective risk or lack of adequate state protection; appeals dismissed.

Citation
VC2-03655
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 September 2023
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
appeals dismissed
Legal Topics
Credibility Assessment, State Protection, Risk Assessment, Evidentiary Inconsistencies
Source Language
English

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

  1. 1 Whether the appellants' testimony was credible
  2. 2 Whether the RPD erred by failing to assess prospective risk if appellants found not credible
  3. 3 Whether the RPD erred by not considering availability of state protection

Ratio Decidendi

The RPD properly found the appellants' testimony not credible due to major inconsistencies (notably a contradictory CBSA interview), and therefore they failed to establish prospective risk or lack of adequate state protection; appeals dismissed.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed