MB5-00880

MB5-00880

The RAD dismissed the appeal because the RPD reasonably concluded the appellant lacked credibility based on a material contradiction between two sworn forms, unexplained significant omissions and inconsistent behaviour, and the appellant failed to produce corroborating documentation (arrest warrant); on the record the documentary evidence did not show an individualized risk distinct from that of a substantial part of the Tunisian population, so protection under ss.96 or 97 IRPA was not established.

Citation
MB5-00880
Parties
Appellant: XXXX XXXX; Intervener: Minister of Public Safety of Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 September 2015
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal (dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Refugee Protection Claim, Convention Refugee (s.96 Irpa), Person in Need of Protection (s.97 Irpa), Admissibility of Evidence, Delay in Claiming Protection, Deference to Tribunal Findings
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Refugee Protection Claim Convention Refugee (s.96 Irpa) Person in Need of Protection (s.97 Irpa) Admissibility of Evidence +2 more

Case Brief

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Parties

XXXX XXXX

Appellant

Minister of Public Safety of Canada

Intervener

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal (dismissed)

Legal Issues

  1. 1 Whether the RPD's adverse credibility finding was reasonable given contradictions and omissions
  2. 2 Whether failure to produce corroborating documentation (arrest warrant) undermines the claim
  3. 3 Whether the risk alleged is individualized or general to the Tunisian population

Ratio Decidendi

The RAD dismissed the appeal because the RPD reasonably concluded the appellant lacked credibility based on a material contradiction between two sworn forms, unexplained significant omissions and inconsistent behaviour, and the appellant failed to produce corroborating documentation (arrest warrant); on the record the documentary evidence did not show an individualized risk distinct from that of a substantial part of the Tunisian population, so protection under ss.96 or 97 IRPA was not established.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination confirmed that appellant is neither a Convention refugee under section 96 of the IRPA nor a person in need of protection under section 97 of the IRPA