MB9-09308

MB9-09308

The appeal is dismissed because the newly tendered documents are not admissible under s.110(4) IRPA or were reasonably available, and central contradictions and documentary inconsistencies fatally undermine the appellant's credibility; therefore she failed to establish on a balance of probabilities a serious possibility of persecution or a personal risk of torture, death or cruel and unusual treatment in the DRC, and the RPD's decision is confirmed.

Citation
MB9-09308
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent / Minister: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 September 2020
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, New Evidence Admissibility, Convention Refugee Determination, Risk of Persecution, Standard of Proof
Source Language
English
Immigration Law Refugee Protection Administrative Law Credibility Findings New Evidence Admissibility Convention Refugee Determination Risk of Persecution Standard of Proof

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister (Canada)

Respondent / Minister

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether evidence proffered after the RPD decision qualifies as new under s.110(4) IRPA
  2. 2 Whether the appellant's contradictions and documentary inconsistencies fatally undermine credibility
  3. 3 Whether on balance of probabilities there is a serious possibility of persecution or risk of torture/cruel treatment in the DRC

Ratio Decidendi

The appeal is dismissed because the newly tendered documents are not admissible under s.110(4) IRPA or were reasonably available, and central contradictions and documentary inconsistencies fatally undermine the appellant's credibility; therefore she failed to establish on a balance of probabilities a serious possibility of persecution or a personal risk of torture, death or cruel and unusual treatment in the DRC, and the RPD's decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination that appellant is neither a Convention refugee nor a person in need of protection is confirmed