January 22, 2024

Wiltshire v. Canada (Citizenship and Immigration), 2024 FC 103

Case Summary

The applicant, a citizen of Jamaica claiming persecution based on sexual orientation, sought judicial review of a RAD decision dismissing her appeal of a negative RPD determination. The RPD and RAD found that material inconsistencies in her testimony, particularly regarding her family relationships and threats received, undermined her overall credibility and failed to establish her profile as a lesbian or bisexual individual. The Federal Court held that the RAD reasonably relied on the RPD's credibility assessments, as the applicant could not satisfactorily explain the inconsistencies between her testimony and basis of claim narrative. The application for judicial review was dismissed.

January 22, 2024

Wiltshire v. Canada (Citizenship and Immigration), 2024 FC 103

Case Summary

The applicant, a citizen of Jamaica claiming persecution based on sexual orientation, sought judicial review of a RAD decision dismissing her appeal of a negative RPD determination. The RPD and RAD found that material inconsistencies in her testimony, particularly regarding her family relationships and threats received, undermined her overall credibility and failed to establish her profile as a lesbian or bisexual individual. The Federal Court held that the RAD reasonably relied on the RPD's credibility assessments, as the applicant could not satisfactorily explain the inconsistencies between her testimony and basis of claim narrative. The application for judicial review was dismissed.