TB5-06645

TB5-06645

The RAD, applying a hybrid standard and independently assessing the record and new evidence, found the Appellant's allegations not credibly established: the summons lacked probative weight, documentary evidence of the Golden Shield and exit controls made undetected departure implausible given the allegation of being wanted, delays/failure to claim undermined subjective fear, and therefore on the balance of probabilities the Appellant and minors did not establish a serious possibility of persecution or risk of torture/serious harm; the RAD confirmed the RPD decision and dismissed the appeal.

Citation
TB5-06645
Parties
Appellant: Appellant (name redacted); First Minor Appellant: First Minor Appellant (name redacted); Second Minor Appellant: Second Minor Appellant (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 September 2015
Procedural Posture
Refugee Appeal (refugee Appeal Division, Immigration and Refugee Board of Canada) / Appeal Decision (rad Hearing and Disposition)
Outcome
Appeal dismissed; RAD confirms RPD decision that Appellants are not Convention refugees or persons in need of protection
Legal Topics
Credibility Assessment, Admissibility of New Evidence (s.110(4) Irpa), Exit and Border Control (golden Shield), Summons/subpoena Genuineness, Delay and Failure to Claim Asylum (country Shopping), U.s. Visa Security Checks
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence (s.110(4) Irpa) Exit and Border Control (golden Shield) Summons/subpoena Genuineness Delay and Failure to Claim Asylum (country Shopping) +1 more

Case Brief

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Parties

Appellant (name redacted)

Appellant

First Minor Appellant (name redacted)

First Minor Appellant

Second Minor Appellant (name redacted)

Second Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division, Immigration and Refugee Board of Canada) / Appeal Decision (rad Hearing and Disposition)

Legal Issues

  1. 1 Whether the RPD erred in rejecting the refugee claim
  2. 2 Admissibility of new evidence under s.110(4) IRPA
  3. 3 Credibility of the Appellant regarding participation in demonstration and receipt of a summons

Ratio Decidendi

The RAD, applying a hybrid standard and independently assessing the record and new evidence, found the Appellant's allegations not credibly established: the summons lacked probative weight, documentary evidence of the Golden Shield and exit controls made undetected departure implausible given the allegation of being wanted, delays/failure to claim undermined subjective fear, and therefore on the balance of probabilities the Appellant and minors did not establish a serious possibility of persecution or risk of torture/serious harm; the RAD confirmed the RPD decision and dismissed the appeal.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that Appellants are not Convention refugees or persons in need of protection

Orders

  • New evidence admitted for the purposes of the appeal under IRPA s.110(4)
  • Appeal dismissed and RPD decision confirmed