MB4-00830

MB4-00830

The RAD confirms the RPD decision: the appellants are neither Convention refugees nor persons in need of protection because the RPD's finding of a generalized risk was reasonable and the new evidence (affidavit and articles) was not admissible or credible and would not have been material to reverse the RPD's negative credibility and risk determinations.

Citation
MB4-00830
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Appellant Spouse: Ms. XXXX XXXX; Appellant Daughter: Ms. XXXX XXXX; Intervenor: Minister of Public Safety of Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 July 2014
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Asylum, Credibility Assessment, Admission of New Evidence, Generalized Risk, Convention Refugee Status, Need for Protection, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Asylum Credibility Assessment Admission of New Evidence Generalized Risk Convention Refugee Status +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

Ms. XXXX XXXX

Appellant Spouse

Ms. XXXX XXXX

Appellant Daughter

Minister of Public Safety of Canada

Intervenor

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision

Legal Issues

  1. 1 Whether the RPD's conclusion that appellants face only a generalized risk was reasonable
  2. 2 Whether the new evidence (affidavit and newspaper articles) is admissible under RAD and meets tests of credibility, newness, relevance and materiality
  3. 3 Whether the affidavit from the Principal Appellant's brother is credible and sufficient to reverse the RPD decision

Ratio Decidendi

The RAD confirms the RPD decision: the appellants are neither Convention refugees nor persons in need of protection because the RPD's finding of a generalized risk was reasonable and the new evidence (affidavit and articles) was not admissible or credible and would not have been material to reverse the RPD's negative credibility and risk determinations.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • The determination of the Refugee Protection Division dated February 11, 2014 is confirmed; Mr. XXXX XXXX XXXX XXXX, Ms. XXXX XXXX, and Ms. XXXX XXXX are neither Convention refugees nor persons in need of protection.