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
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Procedural Posture
Refugee Appeal / Decision on Appeal
Legal Issues
- 1 Whether the appellants' testimony was credible
- 2 Whether the RPD erred by failing to assess prospective risk if appellants found not credible
- 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
Full Case Text
Judgment text and source record
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