TC1-11984

TC1-11984

The appeal is dismissed because the proposed new affidavit did not meet s.110(4) IRPA criteria and, on independent review, the appellants' testimony and documentary record lacked sufficient credibility and objective corroboration to establish a well-founded fear of persecution; consequently the RPD's decision is confirmed under s.111(1)(a) IRPA.

Citation
TC1-11984
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 March 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeals dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Well Founded Fear / Objective Basis, Persecution Threshold, Oral Hearing Discretion
Source Language
English
Immigration and Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Well Founded Fear / Objective Basis Persecution Threshold Oral Hearing Discretion

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether proposed documentary evidence met s.110(4) IRPA and the adapted Raza/Singh admissibility test
  2. 2 Whether the RPD erred in credibility findings
  3. 3 Whether there is an objective basis for a well-founded fear of persecution

Ratio Decidendi

The appeal is dismissed because the proposed new affidavit did not meet s.110(4) IRPA criteria and, on independent review, the appellants' testimony and documentary record lacked sufficient credibility and objective corroboration to establish a well-founded fear of persecution; consequently the RPD's decision is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeals dismissed; RPD decision confirmed

Orders

  • Appeals dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) of the IRPA