TB9-35546

TB9-35546

The appeal is dismissed because, on an independent review, the Appellants failed to prove on a balance of probabilities that they faced a serious possibility of persecution or are persons in need of protection; significant unexplained inconsistencies and credibility defects in testimony and documentary evidence...

Source-derived case information.

Citation
TB9-35546
Parties
Appellant: XXXX XXXX XXXX (Ms. E); Appellant Child: XXXX XXXX XXXX (XXXX); Respondent: Minister of Immigration, Refugees and Citizenship (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal / Reasons for Decision
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
Credibility Assessment, Internal Flight Alternative, Convention Refugee Determination, Persons in Need of Protection, Procedural Fairness, Admission of New Evidence, Gender Related Persecution
Source Language
en
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Convention Refugee Determination Persons in Need of Protection Procedural Fairness +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX (Ms. E)

Appellant

XXXX XXXX XXXX (XXXX)

Appellant Child

Minister of Immigration, Refugees and Citizenship (Canada)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal / Reasons for Decision

  1. 1 Whether the Appellants established a well-founded fear of persecution or need for protection
  2. 2 Whether the Refugee Protection Division erred in finding an internal flight alternative in Port Harcourt
  3. 3 Whether the Appellants' credibility and documentary evidence were sufficient on a balance of probabilities

Ratio Decidendi

The appeal is dismissed because, on an independent review, the Appellants failed to prove on a balance of probabilities that they faced a serious possibility of persecution or are persons in need of protection; significant unexplained inconsistencies and credibility defects in testimony and documentary evidence fatally undermined the claim, so there was no reason to refuse to apply an internal flight alternative finding or to disturb the RPD decision.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Appeal dismissed; Refugee Protection Division decision dated XXXX XXXX, 2019 confirmed; Appellants are neither Convention refugees nor persons in need of protection