TB8-19148

TB8-19148

The RPD's adverse credibility findings were reasonable and are upheld; the purported new documents are not credibly authenticated (appear fraudulent) and the affidavit lacks admissibility submissions; material omissions and inconsistent testimony undermine the claim; the Third Appellant's bisexuality was not established; therefore appellants did not satisfy the burden to prove a real risk of persecution and the appeal is dismissed.

Citation
TB8-19148
Parties
Principal Appellant: XXXX XXXX XXXX; Second Appellant: XXXX XXXX XXXX; Third Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent/minister of Immigration: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Admissibility of Fresh Evidence, Sexual Orientation Based Persecution, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Admissibility of Fresh Evidence Sexual Orientation Based Persecution Convention Refugee Determination

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Second Appellant

XXXX XXXX XXXX

Third Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent/minister of Immigration

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether new evidence meets admissibility criteria under s.110(4) IRPA
  2. 2 Whether the RPD erred in credibility findings regarding appellants' testimony and omissions
  3. 3 Whether the Third Appellant's sexual orientation (bisexual) was established on the balance of probabilities

Ratio Decidendi

The RPD's adverse credibility findings were reasonable and are upheld; the purported new documents are not credibly authenticated (appear fraudulent) and the affidavit lacks admissibility submissions; material omissions and inconsistent testimony undermine the claim; the Third Appellant's bisexuality was not established; therefore appellants did not satisfy the burden to prove a real risk of persecution and the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed