TB9-11170

TB9-11170

The appeals are dismissed because the Principal Appellant's testimony was not credible—manifest contradictions, unexplained delays in reporting and amending the BOC, and post-decision documentary evidence was inadmissible or not credible—therefore the evidence does not establish a serious possibility of persecution by Black Axe or persecution/investigation by DSSS.

Citation
TB9-11170
Parties
Appellant Principal: XXXX XXXX XXXX; Appellant Spouse: XXXX XXXX XXXX; Appellant Child (minor): XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Appellant Child (minor): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 February 2020
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons)
Outcome
Appeals dismissed
Legal Topics
Credibility, Internal Flight Alternative, Persecution, Security Services Investigation, Admissibility of Fresh Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Internal Flight Alternative Persecution Security Services Investigation Admissibility of Fresh Evidence

Case Brief

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Parties

XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX

Appellant Spouse

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Appellant Child (minor)

XXXX XXXX XXXX XXXX

Appellant Child (minor)

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons)

Legal Issues

  1. 1 Whether the Principal Appellant is credible regarding alleged Black Axe attacks in 2017
  2. 2 Whether the Principal Appellant was investigated by the Department of State Security Services (DSSS) for association with IPOB
  3. 3 Admissibility and probative value of new evidence presented on appeal

Ratio Decidendi

The appeals are dismissed because the Principal Appellant's testimony was not credible—manifest contradictions, unexplained delays in reporting and amending the BOC, and post-decision documentary evidence was inadmissible or not credible—therefore the evidence does not establish a serious possibility of persecution by Black Axe or persecution/investigation by DSSS.

Court Disposition

Appeals dismissed

Orders

  • All five appeals dismissed
  • No protection granted under the Immigration and Refugee Protection Act