TB6-00203

TB6-00203

The RAD independently reviewed the record and found material credibility defects in the male Appellant's account (inconsistent testimony about work leave and ticket purchase, implausible departure on his own passport given alleged wanted status, absence of summons/warrant or corroborative documentation), found...

Source-derived case information.

Citation
TB6-00203
Parties
Appellant: XXXX XXXX XXXX; Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 March 2016
Procedural Posture
Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division (decision)
Outcome
Appeal dismissed; RPD decision upheld that Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Sur Place, Credibility, Standard of Review, Risk Assessment
Source Language
english
Immigration Refugee Law Administrative Law Convention Refugee Sur Place Credibility Standard of Review Risk Assessment

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Parties

XXXX XXXX XXXX

Appellant

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division (decision)

Legal Issues

  1. 1 Whether the Appellants are Convention refugees
  2. 2 Whether the sur place claim based on post‑arrival activities establishes refugee status
  3. 3 Credibility of the male Appellant and consistency of his account

Ratio Decidendi

The RAD independently reviewed the record and found material credibility defects in the male Appellant's account (inconsistent testimony about work leave and ticket purchase, implausible departure on his own passport given alleged wanted status, absence of summons/warrant or corroborative documentation), found documentary evidence persuasive that authorities would likely have identified or summoned him, found sur place evidence unpersuasive and not probative, and accordingly concluded on a balance of probabilities that the Appellants are neither Convention refugees nor persons in need of protection; appeal dismissed.

Court Disposition

Appeal dismissed; RPD decision upheld that Appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act; RPD decision confirmed