TB5-05419

TB5-05419

The RAD confirmed the RPD's decision because the appellants' significant omissions and inconsistencies undermined credibility, the new evidence admitted under s.110(4) did not establish a nexus to a Convention ground nor rebut the RPD's findings or justify an oral hearing under s.110(6), and state protection was found adequate.

Citation
TB5-05419
Parties
Principal Appellant: XXXX XXXX XXXX (principal Appellant); Minor Appellant: XXXX XXXX XXXX XXXX (minor child Appellant)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 December 2015
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Final Decision on Appeal (confirmation)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Admissibility of New Evidence, Oral Hearing Under S.110(6), State Protection, Nexus to Convention Grounds
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Admissibility of New Evidence Oral Hearing Under S.110(6) State Protection Nexus to Convention Grounds

Case Brief

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Parties

XXXX XXXX XXXX (principal Appellant)

Principal Appellant

XXXX XXXX XXXX XXXX (minor child Appellant)

Minor Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Final Decision on Appeal (confirmation)

Legal Issues

  1. 1 Whether new evidence satisfies s.110(4) IRPA and warrants an oral hearing under s.110(6)
  2. 2 Whether appellants established credibility on central allegations
  3. 3 Whether there is a nexus between alleged acts and a Convention ground

Ratio Decidendi

The RAD confirmed the RPD's decision because the appellants' significant omissions and inconsistencies undermined credibility, the new evidence admitted under s.110(4) did not establish a nexus to a Convention ground nor rebut the RPD's findings or justify an oral hearing under s.110(6), and state protection was found adequate.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated November 19, 2014 is confirmed; appellants are neither Convention refugees nor persons in need of protection