TC0-09469

TC0-09469

The RAD independently found the RPD's adverse credibility findings justified given numerous material inconsistencies and lack of corroboration; the new evidence did not meet s.110(4) IRPA and was inadmissible; there was no nexus to a Convention ground and the alleged risks did not meet the section 97 threshold, therefore the RPD decision is confirmed and the appeal is dismissed under paragraph 111(1)(a) IRPA.

Citation
TC0-09469
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse / Co Appellant: XXXX XXXX XXXX; Minor Appellants: XXXX XXXX XXXX XXXX XXXX; XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA
Legal Topics
Credibility Assessment, Admissibility of New Evidence on Appeal, Duty to Inquire, Country Conditions, Convention Refugee Determination, Person in Need of Protection (section 97)
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Admissibility of New Evidence on Appeal Duty to Inquire Country Conditions +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse / Co Appellant

XXXX XXXX XXXX XXXX XXXX; XXXX XXXX XXXX

Minor Appellants

Procedural Posture

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

Legal Issues

  1. 1 Whether the RPD erred in credibility findings regarding the Lagos dispute
  2. 2 Whether the RPD erred in credibility findings regarding the Abuja dispute
  3. 3 Whether the RPD failed its duty to inquire or displayed cultural or racial bias

Ratio Decidendi

The RAD independently found the RPD's adverse credibility findings justified given numerous material inconsistencies and lack of corroboration; the new evidence did not meet s.110(4) IRPA and was inadmissible; there was no nexus to a Convention ground and the alleged risks did not meet the section 97 threshold, therefore the RPD decision is confirmed and the appeal is dismissed under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to paragraph 111(1)(a) IRPA
  • Request for oral hearing denied; new evidence on appeal not admitted under s.110(4) IRPA