TC0-03691

TC0-03691

The Appellant's testimony contains material inconsistencies with his Basis of Claim and with his supporting documents; three supporting letters are undermined by contradictions and all letters are undated and unsworn reducing probative value; the RPD's adverse credibility findings are upheld on correctness review...

Source-derived case information.

Citation
TC0-03691
Parties
Appellant: XXXX XXXX; Respondent: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 October 2020
Procedural Posture
Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division Reasons and Decision
Outcome
Appeal dismissed; Appellant found not to be a Convention refugee nor a protected person under ss.96-97 IRPA
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk Assessment, State Protection, Evidentiary Weight of Supporting Documents, Imputed Membership (gülen), Religious Persecution (alevi)
Source Language
en
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Risk Assessment State Protection Evidentiary Weight of Supporting Documents +2 more

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Parties

XXXX XXXX

Appellant

Minister of Immigration, Refugees and Citizenship

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division Reasons and Decision

  1. 1 Whether the Appellant is credible
  2. 2 Whether the Appellant faces persecution from non-state actors (ex-fiancée's family)
  3. 3 Whether the Appellant is perceived as a Gülen Movement follower

Ratio Decidendi

The Appellant's testimony contains material inconsistencies with his Basis of Claim and with his supporting documents; three supporting letters are undermined by contradictions and all letters are undated and unsworn reducing probative value; the RPD's adverse credibility findings are upheld on correctness review and, when weighed with the documentary evidence, there is no credible profile of risk under ss.96 or 97 IRPA. Therefore the Appellant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; Appellant found not to be a Convention refugee nor a protected person under ss.96-97 IRPA

Orders

  • Appeal dismissed
  • Decision dated October 30, 2020 by James Sloan