VB8-06714

VB8-06714

The appeal is dismissed because the Appellants failed to show the articles met the admission requirements of s.110(4) IRPA; alternatively, even if admitted, the articles do not, on a balance of probabilities, establish a serious possibility of persecution or a s.97 risk in Bulgaria given the lack of evidence of Bulgarian cooperation in renditions or of Bulgaria deporting its citizens to Turkey, and the factual dissimilarities between reported renditions and the Appellants' circumstances.

Citation
VB8-06714
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Appeal Dismissed
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Admissibility of New Evidence, Risk of Persecution, Extraordinary Rendition, Section 97 Risk, Credibility Assessment, Oral Hearing Threshold
Source Language
English
Immigration Law Refugee Law Administrative Law Admissibility of New Evidence Risk of Persecution Extraordinary Rendition Section 97 Risk Credibility Assessment +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Appeal Dismissed

Legal Issues

  1. 1 Whether the new evidence meets the admission test under s.110(4) IRPA
  2. 2 Whether the new evidence establishes a serious possibility of persecution or a section 97 risk in Bulgaria on a balance of probabilities
  3. 3 Whether the RPD made an error in law or fact requiring intervention

Ratio Decidendi

The appeal is dismissed because the Appellants failed to show the articles met the admission requirements of s.110(4) IRPA; alternatively, even if admitted, the articles do not, on a balance of probabilities, establish a serious possibility of persecution or a s.97 risk in Bulgaria given the lack of evidence of Bulgarian cooperation in renditions or of Bulgaria deporting its citizens to Turkey, and the factual dissimilarities between reported renditions and the Appellants' circumstances.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and the decision of the Refugee Protection Division is confirmed that the Appellants are neither Convention refugees nor persons in need of protection
  • No oral hearing ordered