TC0-06531

TC0-06531

The RAD dismissed the appeal because, on a correctness review, the appellants lacked credibility on central elements (undated and inconsistent account of the assault, failure to report, and reliance on a document the panel found not genuine), the purported new evidence was inadmissible as it was available prior to the RPD decision, and consequently the appellants did not establish a serious possibility of persecution or a need for protection.

Citation
TC0-06531
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 March 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility, Admissibility of New Evidence, Convention Refugee, Person in Need of Protection, Document Authenticity, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Evidence Credibility Admissibility of New Evidence Convention Refugee Person in Need of Protection +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

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

Legal Issues

  1. 1 Credibility of appellants regarding alleged assault and facts
  2. 2 Admissibility of new evidence under IRPA s.110(4) and case law
  3. 3 Authenticity of purported High Court order and effect on credibility

Ratio Decidendi

The RAD dismissed the appeal because, on a correctness review, the appellants lacked credibility on central elements (undated and inconsistent account of the assault, failure to report, and reliance on a document the panel found not genuine), the purported new evidence was inadmissible as it was available prior to the RPD decision, and consequently the appellants did not establish a serious possibility of persecution or a need for protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated February 7, 2020 is confirmed