MB8-13419

MB8-13419

Although the RPD made some errors (overstating significance of an omission and giving insufficient reasons to dismiss supporting letters), the cumulative effect of multiple material inconsistencies and omissions in the Principal Appellant's testimony undermined her credibility; no new evidence was filed with the Appeal Record; on independent review the RAD confirmed the RPD's finding that the appellants are neither Convention refugees nor persons in need of protection and dismissed the appeal under s.111(1)(a) of the IRPA.

Citation
MB8-13419
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 February 2019
Procedural Posture
Refugee Appeal / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Sexual Orientation, New Evidence, Evidentiary Weight of Supporting Documents, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Sexual Orientation New Evidence Evidentiary Weight of Supporting Documents Convention Refugee Determination

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the RPD erred in assessing the Principal Appellant's credibility
  2. 2 Whether omissions in the Basis of Claim were material
  3. 3 Whether the RAD could admit new evidence (IQ test) not filed with the Appeal Record

Ratio Decidendi

Although the RPD made some errors (overstating significance of an omission and giving insufficient reasons to dismiss supporting letters), the cumulative effect of multiple material inconsistencies and omissions in the Principal Appellant's testimony undermined her credibility; no new evidence was filed with the Appeal Record; on independent review the RAD confirmed the RPD's finding that the appellants are neither Convention refugees nor persons in need of protection and dismissed the appeal under s.111(1)(a) of the IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

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