TB6-13923

TB6-13923

The RAD upheld the RPD's adverse credibility findings after finding the new evidence inadmissible or not credible, concluded the police summons and media articles lacked authenticity, found credibility failure fatal to the claim (making any IFA error moot), and dismissed the appeals confirming the RPD under paragraph 111(1)(a) IRPA.

Citation
TB6-13923
Parties
Appellant (principal): Principal Appellant (name redacted); Appellant (minor): Minor Appellant (daughter); Respondent (minister): Minister of Immigration (respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 August 2018
Procedural Posture
Refugee Protection Appeal Redetermination After Federal Court Remittal / Appeal Heard by Refugee Appeal Division (redetermination); Decision Issued
Outcome
Appeals dismissed; RPD determination confirmed that appellants are not Convention refugees or persons in need of protection
Legal Topics
Credibility Assessment, Internal Flight Alternative (ifa), Admissibility of New Evidence, Sexual Orientation Persecution, Female Genital Mutilation (fgm) Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative (ifa) Admissibility of New Evidence Sexual Orientation Persecution Female Genital Mutilation (fgm) Risk

Case Brief

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Parties

Principal Appellant (name redacted)

Appellant (principal)

Minor Appellant (daughter)

Appellant (minor)

Minister of Immigration (respondent)

Respondent (minister)

Procedural Posture

Refugee Protection Appeal Redetermination After Federal Court Remittal / Appeal Heard by Refugee Appeal Division (redetermination); Decision Issued

Legal Issues

  1. 1 Whether new evidence met s.110(4) IRPA and was admissible
  2. 2 Whether RPD erred in finding police documents authentic
  3. 3 Whether RPD erred in finding an internal flight alternative in Port Harcourt

Ratio Decidendi

The RAD upheld the RPD's adverse credibility findings after finding the new evidence inadmissible or not credible, concluded the police summons and media articles lacked authenticity, found credibility failure fatal to the claim (making any IFA error moot), and dismissed the appeals confirming the RPD under paragraph 111(1)(a) IRPA.

Court Disposition

Appeals dismissed; RPD determination confirmed that appellants are not Convention refugees or persons in need of protection

Orders

  • Appeals dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act
  • Determination of the Refugee Protection Division confirmed