TB9-26522

TB9-26522

The appeal is dismissed because material credibility deficiencies regarding alleged post‑separation threats, omissions from the Basis of Claim (notably the uncorroborated 2012 assault), inconsistent testimony about threats and calls, and multiple extended returns to Jamaica together undermine the Appellant's claim...

Source-derived case information.

Citation
TB9-26522
Parties
Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Immigration, Refugees and Citizenship Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 November 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision on Appeal (rad Dismissal)
Outcome
Appeal dismissed; RPD determination confirmed under paragraph 111(1)(a) IRPA
Legal Topics
Credibility Findings, Forward‑looking Risk, Re‑availment to Country of Origin, Gender‑based Violence Considerations, Standard of Review, Corroboration
Source Language
en
Immigration Law Refugee Law Administrative Law Credibility Findings Forward‑looking Risk Re‑availment to Country of Origin Gender‑based Violence Considerations Standard of Review +1 more

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Parties

XXXX XXXX XXXX XXXX

Appellant

Minister of Immigration, Refugees and Citizenship Canada

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision on Appeal (rad Dismissal)

  1. 1 Whether the Refugee Protection Division erred in credibility findings
  2. 2 Whether the Appellant established a forward‑looking risk of persecution or serious harm
  3. 3 Whether repeated re‑availment to Jamaica undermines claimed subjective fear

Ratio Decidendi

The appeal is dismissed because material credibility deficiencies regarding alleged post‑separation threats, omissions from the Basis of Claim (notably the uncorroborated 2012 assault), inconsistent testimony about threats and calls, and multiple extended returns to Jamaica together undermine the Appellant's claim of a forward‑looking risk; any peripheral errors by the RPD would not change this result.

Court Disposition

Appeal dismissed; RPD determination confirmed under paragraph 111(1)(a) IRPA

Orders

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