TC0-09190

TC0-09190

The RAD dismissed the appeal because the RPD's adverse credibility findings were upheld on independent review: the principal appellant's denials of Egyptian citizenship were not credible in light of documentary evidence (multiple Egyptian passports and visa records), her evidence of evangelical church activity and alleged detentions in Sudan lacked corroboration and contained inconsistencies, the proffered new evidence did not meet s.110(4) criteria or lacked novelty/relevance, and there was insufficient credible evidence of a real risk of persecution or extradition from Egypt to Sudan; accordingly the appellants are neither Convention refugees nor persons in need of protection.

Citation
TC0-09190
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant Child: XXXX XXXX XXXX XXXX; Respondent / Intervenor: Minister of Public Safety (Canada Border Services Agency)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 March 2021
Procedural Posture
Refugee Appeal Under IRPA to the Refugee Appeal Division / Final Decision of RAD Dismissing Appeal on Merits (no New Evidence Admitted)
Outcome
Appeal dismissed; RPD decision of June 22, 2020 confirmed.
Legal Topics
Credibility Assessment, Nationality, Admissibility of New Evidence, Extradition, Convention Refugee Determination, Delay and Subjective Fear, Standard of Review
Source Language
English
Immigration Law Refugee Protection Administrative Law Credibility Assessment Nationality Admissibility of New Evidence Extradition Convention Refugee Determination +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant Child

Minister of Public Safety (Canada Border Services Agency)

Respondent / Intervenor

Procedural Posture

Refugee Appeal Under IRPA to the Refugee Appeal Division / Final Decision of RAD Dismissing Appeal on Merits (no New Evidence Admitted)

Legal Issues

  1. 1 Whether Appellants are citizens of Egypt and Sudan
  2. 2 Whether new evidence meets s.110(4) IRPA and should be admitted
  3. 3 Whether principal appellant's testimony about religious conversion and church activity is credible

Ratio Decidendi

The RAD dismissed the appeal because the RPD's adverse credibility findings were upheld on independent review: the principal appellant's denials of Egyptian citizenship were not credible in light of documentary evidence (multiple Egyptian passports and visa records), her evidence of evangelical church activity and alleged detentions in Sudan lacked corroboration and contained inconsistencies, the proffered new evidence did not meet s.110(4) criteria or lacked novelty/relevance, and there was insufficient credible evidence of a real risk of persecution or extradition from Egypt to Sudan; accordingly the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision of June 22, 2020 confirmed.

Orders

  • Appeal dismissed and RPD decision dated June 22, 2020 affirmed
  • No new evidence admitted under s.110(4) IRPA