TB6-12303

TB6-12303

The RAD confirmed the RPD's adverse credibility findings as correct and sustainable; given the significant inconsistencies, implausibilities, and concerns about the authenticity and probative value of affidavits and documentary evidence from Nigeria, and because the psychological reports did not reliably explain or...

Source-derived case information.

Citation
TB6-12303
Parties
Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 February 2017
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Final Decision on Appeal (confirmation/dismissal)
Outcome
Appeal dismissed; RAD confirms RPD decision under s.111(1)(a) IRPA
Legal Topics
Credibility Assessment, Admissibility of New Evidence (s.110(4) Irpa), Convention Refugee Determination, Persons in Need of Protection, Weight of Psychological/expert Reports, Documentary Evidence Reliability, State Protection for Minor Claimant
Source Language
en
Immigration Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence (s.110(4) Irpa) Convention Refugee Determination Persons in Need of Protection Weight of Psychological/expert Reports +2 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Designated Representative

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Final Decision on Appeal (confirmation/dismissal)

  1. 1 Whether the RPD erred in discounting the Appellant's psychological reports
  2. 2 Whether the RPD erred in its assessment of the Appellant's credibility
  3. 3 Whether the RPD misapprehended evidence regarding the Appellant's relationship with her husband

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings as correct and sustainable; given the significant inconsistencies, implausibilities, and concerns about the authenticity and probative value of affidavits and documentary evidence from Nigeria, and because the psychological reports did not reliably explain or cure testimonial deficiencies, the Appellants failed to establish refugee status or need for protection; the minor Appellant's US citizenship establishes a presumption of state protection that was not rebutted.

Court Disposition

Appeal dismissed; RAD confirms RPD decision under s.111(1)(a) IRPA

Orders

  • Appeal dismissed and RPD decision confirmed (Appellants are neither Convention refugees nor persons in need of protection)