MC0-00875

MC0-00875

The RPD's adverse credibility findings are upheld because material contradictions and omissions in the appellant's evidence, the voluntary nature of his departure from Brazil and his failure to seek protection in the United States rebut his claim of subjective fear and establish no serious possibility of persecution or need for protection; therefore the appeal is dismissed.

Citation
MC0-00875
Parties
Appellant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 April 2021
Procedural Posture
Refugee Appeal of RPD Decision / Decision on Appeal
Outcome
appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, Persecution, Exclusion (article 1 E), Procedural Fairness, Subjective Fear, Risk Assessment, Voluntary Loss of Status, Failure to Claim Asylum
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Persecution Exclusion (article 1 E) Procedural Fairness Subjective Fear +3 more

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Parties

XXXX XXXX

Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal of RPD Decision / Decision on Appeal

Legal Issues

  1. 1 credibility of claimant
  2. 2 subjective fear of persecution
  3. 3 exclusion under Article 1E of the Refugee Convention

Ratio Decidendi

The RPD's adverse credibility findings are upheld because material contradictions and omissions in the appellant's evidence, the voluntary nature of his departure from Brazil and his failure to seek protection in the United States rebut his claim of subjective fear and establish no serious possibility of persecution or need for protection; therefore the appeal is dismissed.

Court Disposition

appeal dismissed; RPD decision confirmed