Judicial review dismissed as the RPD's negative credibility findings were reasonable.
The applicants, a family from Colombia, sought judicial review of a decision by the Refugee Protection Division (RPD) rejecting their refugee claim based on credibility findings.
The RPD found inconsistencies and implausibilities in their account of threats from armed groups, leading to negative inferences.
The Federal Court concluded that the RPD's credibility assessment was reasonable and that there was no breach of procedural fairness in failing to confront the applicants with contradictions in the evidence they provided.
Judicial review granted; RPD state protection analysis and Article 1E exclusion findings found unreasonable.
The applicants sought judicial review of a decision by the Refugee Protection Division (RPD) rejecting their refugee claims.
The RPD found that the principal applicant, an Argentine citizen, could avail himself of state protection in Argentina and that his wife was excluded under Article 1E of the Refugee Convention.
The Federal Court allowed the application, finding the RPD's state protection analysis unreasonable because it imposed an excessively high burden on the applicants to seek protection from hierarchical superiors and failed to assess the operational adequacy of the police response contextually.
The Court also found the Article 1E exclusion finding unreasonable as it inextricably relied on the flawed state protection analysis.
Judicial review of RPD decision denying refugee status on credibility grounds dismissed.
The applicants, citizens of Colombia, sought judicial review of a Refugee Protection Division decision denying their refugee claim based on a lack of credibility and absence of an objective basis for their fear of persecution by the FARC.
The applicants alleged procedural fairness breaches, unreasonableness, and a failure by the RPD to give notice before relying on specialized knowledge regarding document irregularities.
The Federal Court dismissed the application, finding no procedural unfairness and concluding the RPD reasonably based its credibility findings on inconsistencies and behaviour inconsistent with fear.
