TB8-05496

TB8-05496

The appeal is dismissed because the Principal Appellant was found not to be a credible witness due to material omissions and contradictions; the proffered new evidence (undated letters) was inadmissible; on the record Italy is a functioning democracy and the appellants failed to rebut the presumption of state protection on a clear and convincing evidentiary footing, including failing to report domestic abuse to authorities.

Citation
TB8-05496
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 January 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility, State Protection (presumption and Burden to Rebut), Admissibility of New Evidence, Oral Hearing Request, Psychological/psychiatric Reports, Standard of Review
Source Language
English
Immigration and Refugee Law Administrative Law Credibility State Protection (presumption and Burden to Rebut) Admissibility of New Evidence Oral Hearing Request Psychological/psychiatric Reports Standard of Review

Case Brief

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether proposed new evidence is admissible under subsection 110(4)
  2. 2 Whether the Principal Appellant is a credible witness
  3. 3 Whether the appellants rebutted the presumption of state protection for Italy

Ratio Decidendi

The appeal is dismissed because the Principal Appellant was found not to be a credible witness due to material omissions and contradictions; the proffered new evidence (undated letters) was inadmissible; on the record Italy is a functioning democracy and the appellants failed to rebut the presumption of state protection on a clear and convincing evidentiary footing, including failing to report domestic abuse to authorities.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

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