TB8-15966

TB8-15966

On independent assessment the RAD found the appellants not credible, ruled the proffered new evidence inadmissible, concluded the evidence did not establish a current risk or a serious possibility of gender-based persecution, and dismissed the appeals.

Citation
TB8-15966
Parties
Principal Appellant: XXXX XXXX (HV); Associate Appellant: XXXX XXXX XXXX (MSF); Associate Appellant: XXXX XXXX XXXX (JV)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 May 2019
Procedural Posture
Refugee Appeal Under IRPA / RAD Merits Decision on Credibility and Admissibility of New Evidence
Outcome
Appeals dismissed
Legal Topics
Credibility Assessment, Gender Related Persecution, Admissibility of New Evidence, Risk Assessment, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Gender Related Persecution Admissibility of New Evidence Risk Assessment Standard of Review

Case Brief

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Parties

XXXX XXXX (HV)

Principal Appellant

XXXX XXXX XXXX (MSF)

Associate Appellant

XXXX XXXX XXXX (JV)

Associate Appellant

Procedural Posture

Refugee Appeal Under IRPA / RAD Merits Decision on Credibility and Admissibility of New Evidence

Legal Issues

  1. 1 Whether the RPD erred in finding the appellants not credible
  2. 2 Whether new evidence (map, news reports, RIR) is admissible under s.110(4) IRPA
  3. 3 Whether the female appellants face a serious possibility of gender-related persecution

Ratio Decidendi

On independent assessment the RAD found the appellants not credible, ruled the proffered new evidence inadmissible, concluded the evidence did not establish a current risk or a serious possibility of gender-based persecution, and dismissed the appeals.

Court Disposition

Appeals dismissed

Orders

  • All appeals dismissed
  • Application to introduce new evidence denied