MC0-08476

MC0-08476

The RAD independently reviewed the record and upheld the RPD's central adverse credibility findings: material inconsistencies and omissions (religious history, omission of international travel while alleged to be in hiding, omission of trip with persecutors) were not reasonably explained; the psychotherapy report is admissible but does not satisfy s.110(6) to trigger a hearing; the mother's affidavit is inadmissible due to unreliability (jurat/signature irregularities and inconsistent content); the American minor advanced no claim against the US; family unity does not alter statutory tests — therefore the RPD decision that appellants are neither Convention refugees nor persons in need of...

Citation
MC0-08476
Parties
Principal Appellant: XXXX XXXX XXXX; American Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 January 2021
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Convention Refugee Definition, Person in Need of Protection, Family Unity Principle, Reasonable Apprehension of Bias
Source Language
English
Immigration Refugee Law Administrative Law Evidence Credibility Assessment Admissibility of New Evidence Convention Refugee Definition Person in Need of Protection +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

American Minor Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings were reasonable and material
  2. 2 Whether the proposed new evidence met IRPA s.110(4) and s.110(6) thresholds and justified an oral hearing
  3. 3 Whether the American Minor Appellant advanced a claim against the United States

Ratio Decidendi

The RAD independently reviewed the record and upheld the RPD's central adverse credibility findings: material inconsistencies and omissions (religious history, omission of international travel while alleged to be in hiding, omission of trip with persecutors) were not reasonably explained; the psychotherapy report is admissible but does not satisfy s.110(6) to trigger a hearing; the mother's affidavit is inadmissible due to unreliability (jurat/signature irregularities and inconsistent content); the American minor advanced no claim against the US; family unity does not alter statutory tests — therefore the RPD decision that appellants are neither Convention refugees nor persons in need of...

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed