VC2-01796

VC2-01796

Although the RAD accepted the affidavit and psychological report as new, credible and relevant and granted an oral hearing, the evidence did not establish on a balance of probabilities a forward‑looking risk of persecution or other protection grounds; the late sibling affidavit was rejected under Rule 29 as not bringing new evidence; therefore the RPD decision rejecting refugee protection was correct and is confirmed.

Citation
VC2-01796
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 November 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons and Dismissal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
New Evidence, Credibility, Persecution, Convention Refugee, Person in Need of Protection, Rule 29 (late Evidence), Oral Hearing Under S.110(6) IRPA
Source Language
English
Immigration Refugee Law Administrative Law New Evidence Credibility Persecution Convention Refugee Person in Need of Protection +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons and Dismissal)

Legal Issues

  1. 1 Whether appellants are Convention refugees
  2. 2 Whether appellants are persons in need of protection
  3. 3 Admissibility of new evidence under subsection 110(4) IRPA

Ratio Decidendi

Although the RAD accepted the affidavit and psychological report as new, credible and relevant and granted an oral hearing, the evidence did not establish on a balance of probabilities a forward‑looking risk of persecution or other protection grounds; the late sibling affidavit was rejected under Rule 29 as not bringing new evidence; therefore the RPD decision rejecting refugee protection was correct and is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision of February 16, 2022 affirmed; appellants are neither Convention refugees nor persons in need of protection