TB9-27363

TB9-27363

The RAD confirmed the RPD's adverse credibility findings and its conclusion that the appellants failed to establish, on the evidence before the RPD, a serious possibility of persecution as Roma in Poland; the RAD also refused to admit new material presented without meeting s.110(4) IRPA criteria, and therefore dismissed the appeal and upheld the RPD decision.

Citation
TB9-27363
Parties
Principal Appellant: XXXX XXXX; Associate Appellant (spouse): XXXX XXXX; Associate Appellant (minor Child): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 January 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, State Protection, Convention Refugee Determination, Country Condition Assessment
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence State Protection Convention Refugee Determination Country Condition Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX

Associate Appellant (minor Child)

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal Confirming RPD Decision

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether new evidence/affidavit should be admitted under s.110(4) IRPA
  3. 3 Whether the appellants face a serious possibility of persecution on account of Roma ethnicity

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings and its conclusion that the appellants failed to establish, on the evidence before the RPD, a serious possibility of persecution as Roma in Poland; the RAD also refused to admit new material presented without meeting s.110(4) IRPA criteria, and therefore dismissed the appeal and upheld the RPD decision.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision of August 29, 2019 confirmed
  • Affidavit and new evidence not admitted; no new hearing ordered