TC0-09328

TC0-09328

On independent assessment the RPD's adverse credibility findings and evaluation of evidence were correct: anonymous text and the telephone invitation were unreliable and speculative as evidence of intent to kidnap or perform rituals; omissions and lack of corroboration undermined the Principal Appellant's allegations; Youngest Minor provided no evidence he would be unable to obtain adequate medical treatment in the US; affidavit filed after hearing did not meet s.110(4) IRPA admissibility; therefore, on the balance of probabilities appellants failed to establish they are Convention refugees or persons in need of protection and the RPD decision is confirmed under s.111(1)(a) IRPA.

Citation
TC0-09328
Parties
Principal Appellant: XXXX XXXX XXXX; Eldest Male Minor Appellant: XXXX XXXX XXXX XXXX; Youngest Male Minor Appellant: XXXX XXXX XXXX XXXX; Female Minor Appellant: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent Minister: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 April 2021
Procedural Posture
Refugee Appeal RAD Decision / Final Decision by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Findings, Internal Flight Alternative, Gender Related Persecution, New Evidence Admissibility, Medical Evidence, Child Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Findings Internal Flight Alternative Gender Related Persecution New Evidence Admissibility +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Eldest Male Minor Appellant

XXXX XXXX XXXX XXXX

Youngest Male Minor Appellant

XXXX XXXX XXXX XXXX

Female Minor Appellant

XXXX XXXX XXXX

Designated Representative

Minister of Immigration

Respondent Minister

Procedural Posture

Refugee Appeal RAD Decision / Final Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings regarding the Principal Appellant
  2. 2 Whether there was sufficient credible evidence to establish a prospective risk of persecution or other risk under IRPA
  3. 3 Whether the Youngest Male Minor Appellant established a claim based on medical condition and inability to obtain treatment in the US

Ratio Decidendi

On independent assessment the RPD's adverse credibility findings and evaluation of evidence were correct: anonymous text and the telephone invitation were unreliable and speculative as evidence of intent to kidnap or perform rituals; omissions and lack of corroboration undermined the Principal Appellant's allegations; Youngest Minor provided no evidence he would be unable to obtain adequate medical treatment in the US; affidavit filed after hearing did not meet s.110(4) IRPA admissibility; therefore, on the balance of probabilities appellants failed to establish they are Convention refugees or persons in need of protection and the RPD decision is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act
  • Affidavit sworn August 18, 2020 not admitted as new evidence (did not meet s.110(4) IRPA)