TB4-12211

TB4-12211

On balance of probabilities the principal appellant did not credibly establish that he renounced Armenian citizenship and the minor and spouse retain Armenian citizenship; because claimants have access to Armenian citizenship they must demonstrate a well-founded fear of persecution in Armenia which they failed to do; adverse credibility findings regarding the alleged attack and the untimely, uncorroborated medical note support dismissal; accordingly RAD confirms RPD and dismisses the appeal under s.111(1)(a) IRPA.

Citation
TB4-12211
Parties
Appellant Principal: Principal appellant (name redacted); Appellant Spouse: Adult female appellant (wife) (name redacted); Appellant Minor: Minor appellant (daughter) (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 February 2015
Procedural Posture
Refugee Appeal to Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision / Appeal Decision (rad Confirms Rpd)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) IRPA
Legal Topics
Convention Refugee Definition, Country of Nationality, Dual Nationality, Credibility Findings, Admissibility of New Evidence, Standard of Review/hybrid Appeal
Source Language
English
Immigration Refugee Law Administrative Law Citizenship Law Convention Refugee Definition Country of Nationality Dual Nationality Credibility Findings +2 more

Case Brief

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Parties

Principal appellant (name redacted)

Appellant Principal

Adult female appellant (wife) (name redacted)

Appellant Spouse

Minor appellant (daughter) (name redacted)

Appellant Minor

Procedural Posture

Refugee Appeal to Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision / Appeal Decision (rad Confirms Rpd)

Legal Issues

  1. 1 Whether appellants are Armenian citizens or solely Russian citizens
  2. 2 Whether appellants proved past or a well-founded fear of persecution in Armenia
  3. 3 Whether new medical evidence tendered on appeal is admissible

Ratio Decidendi

On balance of probabilities the principal appellant did not credibly establish that he renounced Armenian citizenship and the minor and spouse retain Armenian citizenship; because claimants have access to Armenian citizenship they must demonstrate a well-founded fear of persecution in Armenia which they failed to do; adverse credibility findings regarding the alleged attack and the untimely, uncorroborated medical note support dismissal; accordingly RAD confirms RPD and dismisses the appeal under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) IRPA

Orders

  • Appeal dismissed; RPD decision confirmed