TB7-25147

TB7-25147

The RAD dismissed the appeal and confirmed the RPD because the Principal Appellant's significant omissions, contradictions, and the presence of a fraudulent police document fatally undermined credibility; the newly tendered documentary evidence was either excluded as untimely or given no weight and the psychological report could not cure credibility defects.

Citation
TB7-25147
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 December 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad Dismissal)
Outcome
Appeal dismissed; RAD confirms RPD determination that appellants are not Convention refugees nor persons in need of protection.
Legal Topics
Refugee Status Determination, Credibility Assessment, Admission of New Evidence (rule 29), Documentary Evidence Weight, Psychological Reports
Source Language
English
Immigration and Refugee Law Refugee Status Determination Credibility Assessment Admission of New Evidence (rule 29) Documentary Evidence Weight Psychological Reports

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad Dismissal)

Legal Issues

  1. 1 Whether the RPD correctly found the appellants not credible
  2. 2 Whether new evidence should be admitted under Rule 29
  3. 3 Whether a psychological report can cure credibility defects

Ratio Decidendi

The RAD dismissed the appeal and confirmed the RPD because the Principal Appellant's significant omissions, contradictions, and the presence of a fraudulent police document fatally undermined credibility; the newly tendered documentary evidence was either excluded as untimely or given no weight and the psychological report could not cure credibility defects.

Court Disposition

Appeal dismissed; RAD confirms RPD determination that appellants are not Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed.
  • RAD confirms RPD determination that the appellants are not Convention refugees nor persons in need of protection pursuant to IRPA s.111(1)(a).