TB6-10709

TB6-10709

On review of the record and documentary country evidence the RAD found the RPD's adverse credibility findings justified: the threatening letters were likely inauthentic, the appellant's profile and residence did not match country evidence about witchcraft accusations, the husband's lack of corroborating statement...

Source-derived case information.

Citation
TB6-10709
Parties
Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 November 2016
Procedural Posture
Refugee Appeal (rad Review of RPD Refugee Protection Decision) / Appeal Heard and Decided by Refugee Appeal Division; Disposition Issued Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Well Founded Fear of Persecution, Gender Related Persecution, Expert Psychological Evidence, Documentary Evidence Evaluation, Re Availment/delay in Claiming Protection
Source Language
en
Immigration Law Refugee Law Administrative Law Credibility Assessment Well Founded Fear of Persecution Gender Related Persecution Expert Psychological Evidence Documentary Evidence Evaluation +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Appellant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Refugee Protection Decision) / Appeal Heard and Decided by Refugee Appeal Division; Disposition Issued Confirming RPD Decision

  1. 1 Whether RPD made improper adverse credibility findings
  2. 2 Whether RPD failed to apply Chairperson's Guideline 4 on women and gender-related persecution
  3. 3 Whether RPD failed to consider or give appropriate weight to the psychological report

Ratio Decidendi

On review of the record and documentary country evidence the RAD found the RPD's adverse credibility findings justified: the threatening letters were likely inauthentic, the appellant's profile and residence did not match country evidence about witchcraft accusations, the husband's lack of corroborating statement and the appellant's 2012 re‑availment undermined subjective fear, and the psychological report was uncorroborated and partially advocacy; accordingly the appellant does not have a well‑founded fear and the RPD decision was confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act