VB8-06991

VB8-06991

The RAD confirmed the RPD's credibility findings as supported by the record; because the Appellant's testimony contained material inconsistencies and omissions (notably concerning the 2012 trip, the airport shooting, and family details), he failed to prove on a balance of probabilities a well‑founded fear of...

Source-derived case information.

Citation
VB8-06991
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 August 2019
Procedural Posture
Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division After RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Refugee Protection, Credibility Assessment, Persecution, Convention Refugee Status, Risk of Torture
Source Language
english
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Assessment Persecution Convention Refugee Status Risk of Torture

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division After RPD Decision

Legal Issues

  1. 1 Whether the Appellant is credible on key facts
  2. 2 Whether the Appellant established a well‑founded fear of persecution
  3. 3 Whether the Appellant is a Convention refugee or person in need of protection

Ratio Decidendi

The RAD confirmed the RPD's credibility findings as supported by the record; because the Appellant's testimony contained material inconsistencies and omissions (notably concerning the 2012 trip, the airport shooting, and family details), he failed to prove on a balance of probabilities a well‑founded fear of persecution and thus is neither a Convention refugee nor a person in need of protection; appeal dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Decision of the Refugee Protection Division dated November 1, 2018 confirmed pursuant to section 111(1)(a) of the IRPA; appeal dismissed.