MB9-01963

MB9-01963

The RAD confirmed the RPD's negative credibility findings and held that the documentary evidence did not overcome contradictions, significant omissions, and inconsistent conduct; therefore the appellants failed to establish they are Convention refugees or persons in need of protection and the appeal is dismissed...

Source-derived case information.

Citation
MB9-01963
Parties
Appellant: XXXX XXXX XXXX; Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 September 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Gender Based Persecution, Documentary Evidence, Risk Assessment
Source Language
english
Immigration Refugee Law Administrative Law Credibility Convention Refugee Person in Need of Protection Gender Based Persecution Documentary Evidence +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Appellant

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD failed to consider and analyze documentary evidence
  2. 2 Whether the appellants were credible given contradictions and omissions
  3. 3 Whether appellants' conduct was inconsistent with a well-founded fear

Ratio Decidendi

The RAD confirmed the RPD's negative credibility findings and held that the documentary evidence did not overcome contradictions, significant omissions, and inconsistent conduct; therefore the appellants failed to establish they are Convention refugees or persons in need of protection and the appeal is dismissed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • The appeal is dismissed.
  • The determination of the Refugee Protection Division is confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act.