MB9-15394

MB9-15394

The RAD independently found on the balance of probabilities that the appellants' central allegations were not credible and no admissible new evidence was presented to overturn the RPD finding; accordingly the appeal is dismissed and the RPD decision is confirmed that the appellants are neither Convention refugees nor persons in need of protection.

Citation
MB9-15394
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant (spouse): XXXX XXXX XXXX XXXX; Associate Appellant (minor Son): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 February 2020
Procedural Posture
Refugee Appeal Under IRPA / Decision by Refugee Appeal Division After RPD Rejection
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Determination, New Evidence Admissibility, Standard of Review, Convention Refugee Status, RAD Procedure
Source Language
English
Immigration Refugee Law Administrative Law Credibility Determination New Evidence Admissibility Standard of Review Convention Refugee Status RAD Procedure

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX XXXX

Associate Appellant (minor Son)

Procedural Posture

Refugee Appeal Under IRPA / Decision by Refugee Appeal Division After RPD Rejection

Legal Issues

  1. 1 Whether appellants' allegations were credible
  2. 2 Admissibility of new evidence under s.110(4) IRPA
  3. 3 Whether RAD should defer to the RPD's credibility finding

Ratio Decidendi

The RAD independently found on the balance of probabilities that the appellants' central allegations were not credible and no admissible new evidence was presented to overturn the RPD finding; accordingly the appeal is dismissed and the RPD decision is confirmed that the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision of June 10, 2019 is confirmed
  • Appellants are neither Convention refugees nor persons in need of protection pursuant to s.111(1)(a) IRPA